reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-2 - Application of act.

The provisions of this act shall apply to all persons, manufacturers, representatives, distributors and dealers and to all written or oral agreements between a manufacturer, distributor or representative with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interest, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts and all other such agreements in which the manufacturer, distributor or representative has any direct or indirect interest.
History:
1953 Comp., § 64-37-2, enacted by Laws 1973, ch. 6, § 2.
ANNOTATIONS
Compiler's notes.
— The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
Inapplicable to prospective franchisees.
— This article does not govern manufacturers' dealings with prospective franchisees, nor does it provide in explicit terms protection for that class.
Key v. Chrysler Motors Corp.
, 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350.
Taken as a whole, this article does not afford protection to every prospective purchaser of an automobile franchise; the Act provides for standing in broad terms, but it links standing to forbidden conduct in specific terms.
Key v. Chrysler Motors Corp.
, 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350.
Reducing award of costs based on financial disparity between parties.
— The district court abused its discretion when, without evidence, it reduced a cost award to defendant because of the financial disparity between the parties, plaintiff's perceived inability to pay all of defendant's costs, and the chilling effect that a large cost award might have on future litigation under this article.
Key v. Chrysler Motors Corp.
, 2000-NMSC-010, 128 N.M. 739, 998 P.2d 575.
This article (57-16-1 to 57-16-16 NMSA 1978) applies to manufacturers, representatives, distributors and dealers
of self-propelled agricultural machines and equipment which may travel upon the public highways of New Mexico. 1974 Op. Att'y Gen. No. 74-25.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-4 - Unlawful acts; dealers.

It is unlawful for any dealer to:
A. require a retail purchaser of a new motor vehicle, as a condition of sale and delivery thereof, to purchase special features, equipment, parts or accessories not ordered or desired by the purchaser, provided such features, equipment, parts or accessories are not already installed on the new motor vehicle when received by the dealer;
B. use false, deceptive or misleading advertising in connection with his business;
C. willfully defraud any retail buyer to the buyer's damage;
D. fail to perform the obligations placed on the dealer in connection with the delivery and preparation of a new motor vehicle for retail sale as provided in the manufacturer's preparation and delivery agreements;
E. fail to perform the obligations placed on the dealer in connection with the manufacturer's warranty agreements;
F. represent or sell as a new motor vehicle any motor vehicle which has been used and operated for demonstration purposes or which is otherwise a used motor vehicle; or
G. intentionally fail to perform any written agreement with any retail buyer.
History:
1953 Comp., § 64-37-4, enacted by Laws 1973, ch. 6, § 4; 1985, ch. 236, § 1.
ANNOTATIONS
Cross references.
— For misrepresentation of age or condition of vehicle as an unlawful practice,
see
57-12-6 NMSA 1978.
Adequate statement of claim.
— Allegations sufficient to state a claim under the New Mexico Motor Vehicle Dealers Franchising Act where car dealer affirmatively misrepresented to her that the car was a demonstrator, failed to disclose to that the car had been used as a rental car and had been involved in an accident.
Salmeron v. Highlands Ford Sales, Inc.
, 271 F. Supp. 2d 1314 (D.N.M. 2003).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Regulation or licensing of business of selling motor vehicles, 57 A.L.R.2d 1265, 7 A.L.R.3d 1173.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-5.1 - Prohibition on denial of claims based on technical errors.

A manufacturer, distributor or representative shall not charge back an element of a paid claim, customer or dealer incentive, recall claim or warranty claim based on a dealer's incidental failure to comply with a claim requirement or a clerical error or other technicality, as long as the dealer corrects the clerical error or other technicality according to licensee guidelines within ninety days of learning of the clerical error or other technicality and provides appropriate documentation to demonstrate the need for the repair. This section applies to a successor manufacturer or distributor.
History:
Laws 2018, ch. 28, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2018, ch. 28, § 6 contained an emergency clause and was approved March 1, 2018.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-5.2 - Used vehicles; do not drive or stop sale orders; duty to provide parts or equipment; compensation for delay.

A. If a manufacturer, a distributor or the federal government issues a stop sale order or do not drive order on a used motor vehicle that is part of a franchise motor vehicle dealer's inventory, the manufacturer or distributor upon availability shall immediately provide to the dealer the part or equipment needed to make the vehicle comply with the motor vehicle standards or to correct the defect.
B. If a remedy or part necessary to repair a used motor vehicle subject to a stop sale order or do not drive order is not available within thirty days of the issuance of the order, upon request of a franchise motor vehicle dealer, the manufacturer shall compensate its franchise motor vehicle dealer for each affected used motor vehicle of the same line-make as new vehicles that the dealer is authorized to sell or service in the dealer's inventory at a prorated rate of at least one percent of the value of the used motor vehicle per month, commencing on the thirtieth day after the order was issued and ending on the earlier of the date that a remedy or all parts necessary to repair or service the affected used motor vehicle are made available to the dealer or the dealer sells, trades or otherwise disposes of the affected used motor vehicle. Alternatively, a manufacturer may compensate a motor vehicle dealer under a recall compensation program if the motor vehicle dealer agrees to be compensated under the program. A manufacturer is not required to compensate a motor vehicle dealer for more than the total value of the used motor vehicle.
C. Compensation provided to a franchise motor vehicle dealer under Subsection B of this section is exclusive and shall not be combined with any other recall compensation remedy under state or federal law.
D. For the purposes of this section, a used motor vehicle is part of the franchise motor vehicle dealer's inventory if the used motor vehicle is held for sale and in the possession of the dealer on the date the do not drive order or stop sale order is issued or if the dealer obtains the used motor vehicle as a result of trade-in pursuant to the purchase of a new or used motor vehicle or a lease return contract after the date that the order is issued but before the remedy and all parts necessary to repair the used motor vehicle are made available to the dealer. The manufacturer may establish the method by which a dealer demonstrates that an affected motor vehicle is part of the dealer's inventory. The method may not be unreasonable, be unduly burdensome or require the dealer to provide information to the manufacturer that is not necessary to validate payment.
History:
Laws 2018, ch. 28, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2018, ch. 28, § 6 contained an emergency clause and was approved March 1, 2018.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-6 - Obligations; statement of compensation.

Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule or statement of the compensation to be paid or credited to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall be furnished to the dealer. The compensation as set forth on such schedule or statement shall be reasonable and paid or credited as set out in Section 7 [57-16-7 NMSA 1978] of this act.
History:
1953 Comp., § 64-37-6, enacted by Laws 1973, ch. 6, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-6.1 - Motorcycle dealers; new product; franchise or sales agreement.

A. Before a manufacturer, distributor or representative offers a new or additional motorcycle product for resale to any person to act as dealer whose market area, as defined in Subsection P of Section 57-16-5 NMSA 1978, includes the place of business of an existing dealer of a manufacturer, distributor or representative, the manufacturer, distributor or representative shall first offer the new or additional motorcycle product to the existing dealer in writing by registered mail with all of the conditions for marketing the new or additional motorcycle product in the market area which the manufacturer, distributor or representative will impose on any person marketing the new or additional motorcycle product in the market area. The manufacturer, distributor or representative shall not offer the new or additional motorcycle product to any other person, to act as a dealer of the new or additional motorcycle product, whose market area, as defined in Subsection P of Section 57-16-5 NMSA 1978, includes the place of business of the existing dealer, until either sixty days has elapsed after the offer of the new or additional motorcycle product to the existing dealer or the existing dealer has rejected, in writing, that offer, whichever is sooner.
B. Any renewal of an existing franchise or sales agreement by a manufacturer, distributor or representative which occurs on or after July 1, 1985, or any new franchise or sales agreement which is executed by a manufacturer, distributor or representative on or after July 1, 1985, shall contain provisions for the addition of those motorcycle models, types or products which are under separate franchises or sales agreements to the dealer and for the addition of franchise agreements for new or additional motorcycle products introduced by the manufacturer, distributor or representative on or after July 1, 1985, so that, upon the date of renewal of the last separate franchise or sales agreement which was entered into by the dealer with the manufacturer, distributor or representative before July 1, 1985, all of those models and types of motorcycles, and any new or additional motorcycle products, which are offered by the manufacturer, distributor or representative on or after July 1, 1985 and accepted by the dealer, are under one franchise.
History:
1978 Comp., § 57-16-6.1, enacted by Laws 1985, ch. 213, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-6.2 - Recreational vehicles; franchise agreements.

A. Every recreational vehicle manufacturer, distributor or representative shall execute a written franchise or sales agreement with each of its recreational vehicle dealers. Each agreement shall include the following provisions:
(1) warranty service obligations, including rates charged by a dealer for performing warranty service;
(2) specific territory or market area designation;
(3) grounds for termination;
(4) repurchase obligations;
(5) sales volume and performance; and
(6) dispute resolution procedures.
B. Notwithstanding the provisions of Subsection A of this section, a dealer and manufacturer, distributor or representative may mutually agree not to include the provisions listed in Paragraphs (2) through (6) of Subsection A of this section; provided, however, a written declaration stating which of the provisions were intentionally omitted and not applicable shall be incorporated into the written agreement.
History:
Laws 1995, ch. 19, § 2; 2003, ch. 199, § 1.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, inserted "including rates charged by a dealer for performing warranty service" at the end of Paragraph A(1).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-7.1 - Sales and service incentives; audit.

A manufacturer or distributor may audit a claim for sales and service incentives only during the six-month period immediately following payment or credit issued for the claim; however, this limitation shall not apply if there is a reasonable suspicion of fraud.
History:
Laws 1997, ch. 14, § 2; 2011, ch. 111, § 2; 2011, ch. 118, § 2.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, changed the period for auditing claims for sales and service incentives from twenty-four months to six months.
Laws 2011, ch. 111, § 2 and Laws 2011, ch. 118, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2011, ch. 118, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-8 - Unreasonable restrictions; site control agreements; exclusive use agreements.

A. It is unlawful to, directly or indirectly, impose unreasonable restrictions on the motor vehicle dealer or franchise relative to transfer, sale, right to renew, termination discipline, noncompetitive covenants, site-control whether by sublease, collateral pledge of lease or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights.
B. Unless a separate agreement lasting no more than fifteen years has been voluntarily entered into for separate consideration, it is unlawful to, directly or indirectly, require a site control agreement or exclusive use agreement as a condition of:
(1) awarding a franchise to a prospective motor vehicle dealer;
(2) adding a line make or franchise to an existing dealer;
(3) renewing the franchise of an existing dealer;
(4) approving the relocation of an existing dealer's facility; or
(5) approving the sale or transfer of ownership of a franchise.
C. As used in this section, "site control agreement" or "exclusive use agreement" means any agreement that has the effect of:
(1) requiring a dealer to establish or maintain exclusive dealership facilities;
(2) restricting the ability of a dealer or a dealer's lessor to transfer, sell, lease or change the use of the dealership premises; or
(3) preventing or attempting to prevent a dealer from acquiring, adding or maintaining a sales or service operation for another line make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership, provided that the dealer complies with any reasonable facilities requirements of the manufacturer, successor manufacturer or distributor.
History:
1953 Comp., § 64-37-8, enacted by Laws 1973, ch. 6, § 8; 2010, ch. 38, § 2; 2010, ch. 40, § 2.
ANNOTATIONS
The 2010 amendment,
effective March 8, 2010, in the catchline, after "unreasonable restrictions;", added "site control agreements; exclusive use agreements"; in Subsection A, at the beginning of the sentence, changed "It shall be unlawful to impose unreasonable restrictions" to "It is unlawful to, directly or indirectly, impose unreasonable restrictions"; and added Subsections B and C.
Laws 2010, ch. 38, § 2 and Laws 2010, ch. 40, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2010, ch. 40, § 2.
See
12-1-8 NMSA 1978.
Inapplicable to prospective franchisees.
— This article does not govern manufacturers' dealings with prospective franchisees, nor does it provide in explicit terms protection for that class.
Key v. Chrysler Motors Corp.
, 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-9 - Franchise renewal; termination; anticipatory termination.

A. Anything to the contrary notwithstanding, it is unlawful for the manufacturer, distributor or representative without due cause to fail to renew a franchise on terms then equally available to all its motor vehicle dealers or their prospective purchasers, to terminate a franchise or to restrict the transfer of a franchise unless the dealer receives fair and reasonable compensation for the value of the business. A prospective purchaser may enforce the provisions of this section whether or not the person is a dealer.
B. A public announcement by a manufacturer or distributor of an intention to cease manufacturing or distribution of a motor vehicle brand within three years of the announcement or upon expiration of a dealers' current franchise or selling agreement may at the option of an affected dealer be deemed an anticipatory involuntary termination of the dealer's franchise.
History:
1953 Comp., § 64-37-9, enacted by Laws 1973, ch. 6, § 9; 1997, ch. 31, § 3; 2010, ch. 38, § 3; 2010, ch. 40, § 3.
ANNOTATIONS
Cross references.
— For termination or cancellation of a franchise,
see
57-16-5 NMSA 1978.
The 2010 amendment,
effective March 8, 2010, in the catchline, after "termination", added "anticipatory termination"; in Subsection A, in the first sentence, after "fail to renew", added "a franchise"; and added Subsection B.
Laws 2010, ch. 38, § 3 and Laws 2010, ch. 40, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2010, ch. 40, § 3.
See
12-1-8 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, inserted "or their prospective purchasers" in the first sentence, added the second sentence, and made stylistic changes throughout the section.
Purpose of section.
— This section was intended to forbid conduct that is otherwise lawful under the act.
Key v. Chrysler Motors Corp.
, 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350.
Inapplicable to prospective franchisees.
— This article does not govern manufacturers' dealings with prospective franchisees, nor does it provide in explicit terms protection for that class.
Key v. Chrysler Motors Corp.
, 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350.
Standing.
— This article requires only that the manufacturer act with due cause; when an existing dealer was denied the acquisition of an additional franchise based on his past performance, the dealer did not show the requisite injury to recover under this Act.
Key v. Chrysler Motors Corp.
, 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
62B Am. Jur. 2d Private Franchise Contracts §§ 564 to 658.
Validity and construction of statute regulating dealings between automobile manufacturers, distributors and dealers, 7 A.L.R.3d 1173, 82 A.L.R.4th 624, 51 A.L.R. Fed. 812.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-9.1 - Succession to motorcycle dealership.

A. A manufacturer, distributor or representative shall not prevent or refuse to give effect to the succession to ownership or management control of a motorcycle dealership upon the death or incapacity of the dealer by the surviving spouse, heir, legatee or devisee nor shall the manufacturer, distributor or representative interfere, prevent or hinder, either directly or indirectly, the continuance of the business by reason of such succession, except as otherwise provided in this act.
B. Any designated family member of a deceased or incapacitated dealer may succeed the motorcycle dealer in ownership or management control under the existing agreement; provided that the designated family member provides notice to the manufacturer, distributor or representative, in writing by registered mail, of the intention to succeed to the dealership within one hundred and twenty days after the dealer's death or incapacity and the successor agrees to be bound by all the terms of the original agreement. The successor must meet the reasonable criteria applied by the manufacturer, distributor or representative to new dealers.
C. The rejection of succession, without good cause, shall constitute an unfair termination or cancellation, regardless of the terms or provisions of the franchise or selling agreement. If the manufacturer, distributor or representative believes that good cause exists for rejection, such manufacturer, distributor or representative shall provide notice to the successor, in writing by registered mail within sixty days of the receipt of the notice of intention to succeed. In no event shall the contractual term of any franchise or selling agreement expire, without the written consent of the successor, prior to the expiration of at least ninety days following such written notice. During the ninety-day period the designated family member or successor may petition a court to modify such ninety-day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief.
D. A motorcycle dealer may designate any person as the successor by written instrument filed with the manufacturer, distributor or representative and such written instrument shall be controlling.
History:
1978 Comp., § 57-16-19.1, enacted by Laws 1985, ch. 213, § 4.
ANNOTATIONS
Compiler's notes.
— The term "this act", referred to at the end of Subsection A, means Laws 1985, Chapter 213, which appears at 57-16-3, 57-16-5, 57-16-6.1 and 57-16-9.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-9.3 - Motor vehicle dealers; termination of franchise; return of inventory; exceptions.

A manufacturer or distributor is not required to repurchase:
A. inventory that the dealer orders either after the dealer receives notice of the termination of the franchise from the manufacturer or distributor or after any relief, granted by a court to the dealer in the form of temporary restraining orders, temporary injunctions or permanent injunctions, has expired;
B. inventory for which the dealer is unable to furnish evidence of clear title; or
C. motorcycle attachments or motor vehicle repair parts that have a limited storage life, are in a broken or damaged package, are usually sold as part of a set, if the parts are separated from the set, or cannot be sold without reconditioning.
History:
1978 Comp., § 57-16-9.3, enacted by Laws 1991, ch. 49, § 3; 1993, ch. 167, § 4.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "Motor vehicle" for "Motorcycle" in the section heading and inserted "motor vehicle" near the beginning of Subsection C.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-10 - Refunds; discounts.

In connection with a sale of a motor vehicle or vehicles to the state or to any political subdivision thereof, no manufacturer, distributor or representative shall offer any discounts, refunds or any other similar type of inducement to any dealer without making the same offer or offers to all other of its dealers within the relevant market area, and if such inducements are made, the manufacturer, distributor or representative shall give simultaneous notice thereof to all of its dealers within the relevant market area who have requested such notice.
History:
1953 Comp., § 64-37-10, enacted by Laws 1973, ch. 6, § 10.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-11 - Injunction.

Whenever it appears that a person has violated, or is violating, or is threatening to violate, any provision of this act, the aggrieved person may cause a civil suit to be instituted in district court for injunctive relief to restrain the person from continuing the violation or threat of violation.
History:
1953 Comp., § 64-37-11, enacted by Laws 1973, ch. 6, § 11.
ANNOTATIONS
Compiler's notes.
— The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-12 - Venue of suits; relief.

A suit for injunctive relief may be brought either in the county where the defendant resides or in the county where the violation or threat of violation occurs. In any suit to enjoin a violation or threat of violation of this act, the court may grant temporary restraining orders, temporary injunctions and permanent injunctions.
History:
1953 Comp., § 64-37-12, enacted by Laws 1973, ch. 6, § 12.
ANNOTATIONS
Compiler's notes.
— The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-13 - Right of action; damages.

In addition to any other judicial relief, any person who shall be injured in his business or property by reason of anything forbidden in this act may sue therefor in the district court and shall recover actual damages by him sustained, and the cost of suit, including a reasonable attorney's fee. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the defendant acted maliciously.
History:
1953 Comp., § 64-37-13, enacted by Laws 1973, ch. 6, § 13.
ANNOTATIONS
Compiler's notes.
— The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
Retail buyer's cause of action.
— The statutory language of this article, the explicit legislative object of ensuring "a sound system" of motor vehicle sale and distribution within the state, and the intent to provide a remedy for warranty abuse, implies a retail buyer's cause of action against a manufacturer for such abuse.
GMAC v. Anaya
, 1985-NMSC-066, 103 N.M. 72, 703 P.2d 169.
Defendant's breach of contract was not malicious.
— Where plaintiff sued defendant for breach of automobile dealership contract; and the trial court found that defendant acted willfully and improperly denied warranty claims and willfully breached the contract, but did not find that defendant's actions were maliciously intentional, fraudulent, oppressive, reckless or undertaken with wanton disregard of plaintiff's rights, plaintiff was not entitled to punitive damages.
Art Janpol Volkswagen, Inc. v. Fiat Motors of N. Am., Inc.
, 767 F.2d 690 (10th Cir. 1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-14 - Limitations on suits.

Actions rising out of any provision of this act shall be commenced within four years next after the cause of action accrues; provided, however, that if a person liable hereunder conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person so entitled shall be excluded in determining the time limited for the commencement of the action. If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States, or any of its agencies, under the antitrust laws, the Federal Trade Commission Act or any other federal act, or the laws of the state related to antitrust laws or to franchising, such actions may be commenced within one year after the final disposition of such civil, criminal or administrative proceeding.
History:
1953 Comp., § 64-37-14, enacted by Laws 1973, ch. 6, § 14.
ANNOTATIONS
Compiler's notes.
— The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
Cross references.
— For the Federal Trade Commission Act,
see
15 U.S.C. §§ 41 to 58.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-15 - Price schedule change.

A manufacturer or distributor motor vehicle price increase shall not apply to vehicles which the dealer had ordered for private retail consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a private retail consumer shall constitute evidence of each such order. In the event of price reductions, the amount of any such reduction received by a dealer shall be passed on to the private retail consumer by the dealer if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reduction shall apply to all motor vehicles in the dealer's inventory that are subject to the reduction. Price differences applicable to new model motor vehicles at the time of the introduction of new models shall not be considered a price increase or price decrease.
History:
1953 Comp., § 64-37-15, enacted by Laws 1973, ch. 6, § 15.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-16 - Penalty.

Any dealer who shall willfully violate any of the provisions of Section 4 [57-16-4 NMSA 1978] of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.
History:
1953 Comp., § 64-37-16, enacted by Laws 1973, ch. 6, § 16.
ANNOTATIONS
Compiler's notes.
— The term "this act" means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-1 - Short title.

This act [57-16A-1 to 57-16A-9 NMSA 1978] may be cited as the "Motor Vehicle Quality Assurance Act".
History:
Laws 1985, ch. 220, § 1.
ANNOTATIONS
Law reviews.
— For article, "New Mexico's 'Lemon Law': Consumer Protection or Consumer Frustration?", see 16 N.M.L. Rev. 251 (1986).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
17 Am. Jur. 2d, Consumer Product Warranty Acts §§ 66, 67.
Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677.
Validity, construction and effect of state motor vehicle warranty legislation, 88 A.L.R.5th 301.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-2 - Definitions.

As used in the Motor Vehicle Quality Assurance Act:
A. "collateral charges" means additional charges to a consumer not directly attributed to a manufacturer's suggested retail price label for a new motor vehicle and includes all taxes, license, title and registration fees and other governmental charges related to the purchase of the vehicle;
B. "comparable motor vehicle" means an identical or reasonably equivalent motor vehicle;
C. "consumer" means the purchaser, other than for purposes of resale, of a new or used motor vehicle normally used for personal, family or household purposes, a person to whom such a motor vehicle has been transferred during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty;
D. "express warranty" means a written affirmation of the fact of promise made by a manufacturer to a consumer in connection with the sale of a new or used motor vehicle that relates to the nature of the material or workmanship or to a specified level of performance over a specified period of time, including any terms or conditions precedent to the enforcement of obligations pursuant to the warranty;
E. "manufacturer" means a person engaged in the manufacturing, assembling, importing or distributing of a motor vehicle as a regular business;
F. "motor vehicle" means a passenger motor vehicle, including an automobile, pickup truck, motorcycle or van normally used for personal, family or household purposes, that is sold and registered in this state and whose gross vehicle weight is less than ten thousand pounds;
G. "used motor vehicle" means a motor vehicle that has been sold, bargained or exchanged or a motor vehicle that is the subject of a title that has been transferred from the person who first acquired the motor vehicle from the manufacturer, importer or dealer or agent of the manufacturer or importer and that has been placed in bona fide consumer use; and
H. "used motor vehicle dealer" means a person or business that sells or offers for sale a used motor vehicle after selling or offering for sale four or more used motor vehicles in the previous twelve months but does not include:
(1) a bank or financial institution;
(2) an insurance company;
(3) a business selling a used motor vehicle to an employee of the business; or
(4) a lessor selling a leased vehicle to the lessee of the vehicle or to an employee of the lessee of the vehicle.
History:
Laws 1985, ch. 220, § 2; 2003, ch. 216, § 1.
ANNOTATIONS
The 2003 amendment,
effective January 1, 2004, inserted "or used" following "new" near the beginning of Subsection C; inserted "or used" following "new" near the middle of Subsection D; and added Subsections G and H.
"Consumer" construed.
— A person is not a "consumer" entitled to recovery under the Motor Vehicle Quality Assurance Act unless he or she uses the vehicle for personal, family, or household purposes.
Jones v. GMC
, 1998-NMCA-020, 124 N.M. 606, 953 P.2d 1104.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-4 - Affirmative defenses.

It shall be an affirmative defense to any claim under the Motor Vehicle Quality Assurance Act that:
A. an alleged nonconformity does not substantially impair the use and market value of the motor vehicle;
B. a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle;
C. a claim by a consumer was not filed in good faith; or
D. any other affirmative defense allowed by law.
History:
Laws 1985, ch. 220, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-5 - Limitation of remedy.

Any consumer who seeks enforcement of the provisions of the Motor Vehicle Quality Assurance Act shall be foreclosed from pursuing any Uniform Commercial Code remedy set forth in Sections 55-2-602 through 55-2-608 NMSA 1978.
History:
Laws 1985, ch. 220, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-6 - Informal dispute resolution.

If a manufacturer has established or participates in a fair and impartial informal dispute settlement procedure which substantially complies with the substantive requirements of Title 16, Part 703 of the Code of Federal Regulations, the provisions of Subsection B of Section 3 [57-16A-3B NMSA 1978] of the Motor Vehicle Quality Assurance Act concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure. The state attorney general may investigate and determine that the informal dispute settlement procedure is fair and impartial and conforms with the requirements of Title 16, Part 703 of the Code of Federal Regulations.
History:
Laws 1985, ch. 220, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-7 - Resale of returned motor vehicle.

No motor vehicle which has not been properly repaired pursuant to the provisions of Subsection B of Section 3 [57-16A-3 NMSA 1978] of the Motor Vehicle Quality Assurance Act, or pursuant to a similar law of another state, may be resold in New Mexico unless the manufacturer provides full written disclosure of the reason for the return to any prospective buyer.
History:
Laws 1985, ch. 220, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-7.1 - Notice of replacement or repurchase to used motor vehicle dealers and consumers.

A manufacturer, its agent, its authorized dealer or a used motor vehicle dealer that has been ordered by judgment or decree to replace or repurchase or that has replaced or repurchased a motor vehicle pursuant to the Motor Vehicle Quality Assurance Act shall, before offering the motor vehicle for resale, attach to the motor vehicle written notification indicating that the motor vehicle has been replaced or repurchased. A consumer or a used motor vehicle dealer may bring a cause of action against a person who removes the notification from the motor vehicle, unless the manufacturer, its agent or its authorized dealer or a used motor vehicle dealer, before completion of the sale, has provided the purchaser with written notification by the manufacturer, dealer or agent of the dealer, that the motor vehicle has been replaced or repurchased.
History:
Laws 2003, ch. 216, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 216, § 4 made Laws 2003, ch. 216, § 2 effective January 1, 2004.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-8 - Limitation of action.

Any action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act shall be commenced within eighteen months following the date of original delivery of the motor vehicle to a consumer, or, in the event that a consumer resorts to an informal dispute settlement procedure pursuant to Section 6 [57-16A-6 NMSA 1978] of the Motor Vehicle Quality Assurance Act, within ninety days following the final action of the panel, whichever is later.
History:
Laws 1985, ch. 220, § 8.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16A - Motor Vehicle Quality Assurance › Section 57-16A-9 - Reasonable attorney fees.

A consumer who prevails in an action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act shall be entitled to receive reasonable attorneys' fees and court costs from the manufacturer. If a consumer does not prevail in such an action and brings that action for frivolous reasons or in bad faith, the manufacturer shall be entitled to receive reasonable attorneys' fees and court costs from the consumer.
History:
Laws 1985, ch. 220, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Award of attorney's fees under state motor vehicle warranty legislation (lemon laws), 82 A.L.R.5th 501.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-1 - Definitions.

As used in this act:
A. "person" includes individuals, partnerships, corporations, companies, societies and associations;
B. "weight(s)" and "measure(s)" include all instruments and devices used for weighing and measuring and their necessary and associated accessories and appliances;
C. "sell" and "sale" include barter and exchange;
D. "apparatus" includes any manual or mechanical unit, method or device used to determine weight, measure or quantity;
E. "correct" means the condition of apparatus, which by reason of its construction and adjustment, will give accurate readings or indications of weight and quantity;
F. "incorrect" means the condition of apparatus, or its construction, which precludes it from being reasonably permanent in its adjustment or which will not allow it to repeat its indications of weight or quantity with accuracy;
G. "in package form" means a good or commodity packaged or contained in advance of sale so as to constitute a unity [unit] quantity of the good or commodity; a good or commodity not contained, but upon which is marked a selling price based upon weight or measure, shall be construed to be in packaged form; a shipping container containing goods or commodities in packaged form is excluded from this definition;
H. "weight" means net weight;
I. "sale from bulk" means the sale of commodities when the quantity is determined at the time of sale;
J. "board" means the board of regents of New Mexico state university; and
K. "director" means the director of the New Mexico department of agriculture.
History:
1953 Comp., § 76-1-28, enacted by Laws 1959, ch. 202, § 1; 1973, ch. 386, § 1.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1959, Chapter 202, which is compiled as 57-17-1, 57-17-5 to 57-17-13, 57-17-15 to 57-17-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-2 - Systems of weights and measures.

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weights and measure, the tables of weight and measure and weights and measures equivalents as published by the national bureau of standards shall be used by the board in arriving at standards which shall govern weighing and measuring equipment and transactions in the state.
History:
1953 Comp., § 76-1-29, enacted by Laws 1973, ch. 386, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 386, §§ 2, 20, repealed 76-1-29, 1953 Comp., relating to the equivalents of units of weight and measure, and enacted a new section.
Cross references.
— For inspection of measuring devices for sale of petroleum products,
see
57-19-30 NMSA 1978.
For standards for measuring flow and volume of water,
see
72-5-19 NMSA 1978.
In absence of any agreement as to method of measuring hay
in the stack, the statutory rule is applicable.
King v. Tabor
, 1910-NMSC-037, 15 N.M. 488, 110 P. 601 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Weights and Measures §§ 1 to 40.
Parol or extrinsic evidence of custom or usage to show that terms of measurement in contract have a special trade significance, 89 A.L.R. 1240.
94 C.J.S. Weights and Measures §§ 1 to 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-3 - Physical standards.

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national bureau of standards shall be the state primary standards of weights and measures. The state primary standards shall be maintained in such calibration as prescribed by the national bureau of standards. Secondary standards may be prescribed by the director. Secondary standards shall be verified upon their initial receipt and as often thereafter as deemed necessary by the director.
History:
1953 Comp., § 76-1-30, enacted by Laws 1973, ch. 386, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 386, §§ 3, 20, repealed 76-1-30, 1953 Comp., relating to standards of weights and measures as received from the federal government, and enacted a new section.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-4 - Enforcement and administration.

A. Sections 57-17-1 through 57-17-19 NMSA 1978 shall be administered and enforced by the director under the direction of the board. Such sums as may be appropriated by the legislature and fees which are collected shall be allowed to the department for salaries for inspectors and for necessary clerical employees, necessary equipment and supplies, travel and contingent expenses.
B. The board shall after due notice and hearing issue reasonable regulations to carry out the provisions of Articles 17 and 18 of this Chapter 57 NMSA 1978. The regulations shall have the force of law and may include but not be limited to:
(1) standards of weight, measure or count, reasonable standards of fill and labeling requirements for a commodity in package form; and
(2) specifications and tolerances for apparatus, weights and measures designed to eliminate from use apparatus the inaccuracy of which would facilitate the perpetration of fraud.
History:
1953 Comp., § 76-1-31, enacted by Laws 1973, ch. 386, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 386, §§ 4, 20, repealed 76-1-31, 1953 Comp., relating to the office of the state superintendent of weights and measures, and enacted a new section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Weights and Measures § 12.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-5 - Bonds.

A bond with sureties, to be approved by the secretary of state and conditioned upon faithful performance of duties, shall be given by the director in the penal sum of five thousand dollars ($5,000) and, upon appointment, by each inspector in the penal sum of one thousand dollars ($1,000). The premium on a bond required by this section shall be paid by the state.
History:
1953 Comp., § 76-1-32, enacted by Laws 1959, ch. 202, § 5; 1973, ch. 386, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-6 - Custody of state standards.

The New Mexico standards of weight and measure shall be kept in a safe and suitable place in the office of the director and shall not be removed except for repairs or certification.
History:
1953 Comp., § 76-1-33, enacted by Laws 1959, ch. 202, § 6; 1973, ch. 386, § 6.