New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.10 - ESTIMATES, INVOICE AND PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				It is an unfair or deceptive trade practice for an automotive repair facility
				to fail to give an estimate of repairs that exceed one hundred dollars ($100).
				A written estimate from an insurance company or independent appraisal firm
				shall be deemed to meet this requirement in lieu of the repair facility
				estimate. For calculation of the dollar amount, fees for related repairs
				diagnosed at the same time shall be aggregated. A diagnostic fee is not subject
				to this section as long as the disclosure required by Section 11.1 [now Section
				12.2.6.11 NMAC] is made at the time an estimate would have been required. The
				estimate shall be written. If the customer is not present at the time the
				estimate is finalized, the repair facility may obtain oral approval from the
				customer or proceed, based upon full disclosure of the content of the written
				estimate. If oral approval is obtained, the repair facility shall provide the
				customer with a copy of the written estimate no later than the time the
				customer picks up his or her vehicle. The estimate shall document who
				authorized the repairs, the phone numbers at which they were contacted, exactly
				what repairs were authorized and the time, date and name of the person
				obtaining the authorization. If the repairs exceed the estimate by the greater
				of ten percent or fifty dollars ($50), the shop must obtain a new authorization
				for any repairs beyond 110 percent or ($50) of the original estimate. If the
				additional repairs are authorized and paid for by an insurance company, no
				customer authorization is necessary. If the consumer does not desire an
				estimate, the consumer may choose to sign a waiver relieving the facility of
				these responsibilities and requirements when he or she initially leaves the
				automobile for repair. However, a consumer must be made fully aware of the
				consequences of his or her waiver, which shall include a brief explanation of
				the privileges he or she has waived.
B. It is an unfair or deceptive trade
				practice for an automotive repair facility to solicit, collect or require
				payment for repair charges in excess of those permitted by Section 10.1 [now
				Subsection A of 12.2.6.10 NMAC].
C.
				It is an unfair or deceptive trade practice for an automotive repair facility
				to fail to provide the customer with an invoice stating in detail all repairs
				completed and, pursuant to Section 12.1 [now Subsection A of Section 12.2.6.12
				NMAC], all parts and material used in the repair or service of the customer's
				automobile; provided that no itemization is required if the charge for parts
				and materials is ($50) or less. Furthermore, if any repair is sublet, the
				sublet repairs shall be marked "sublet" on the customer's invoice.
D. It is an unfair or deceptive trade
				practice for an automobile repair shop to assert or impose or attempt to assert
				or impose a mechanic's lien for charges in excess of those permitted by Section
				10.1 [now Subsection A of 12.2.6.10 NMAC].