N.M. Admin. Code § 12.2.14.6

Current through Register Vol. 35, No. 21, November 5, 2024

Section 12.2.14.6 - OBJECTIVE

A. The purpose of this rule is to:

(1) deter misrepresentation of the age or condition of used motor vehicles in retail motor vehicle sale transactions;

(2) protect retail buyers in motor vehicle sale transactions through uniform disclosure of material information concerning the age or condition of used motor vehicles; Subsection A of Section 57-12-6 NMSA 1978;

(3) provide sellers clear legal standards as to what constitutes "to the best of seller's knowledge" when selling used motor vehicles to retail buyers: Paragraph (2) of Subsection B of Section 57-12-6 NMSA 1978;

(4) establish standards for used motor vehicle damage inspections; and

(5) establish standards for disclosure of used motor vehicle alteration or damage inspection results to motor vehicle buyers.

B. This rule is not intended to restrict or limit claims to Section 57-12-6 NMSA 1978 that may be alleged under other provisions of the Unfair Practices Act, Section 57-12-1etseq NMSA 1978.

C. The alteration or damage inspection and disclosure standards in this rule for used motor vehicles are not intended to negate or limit obligations of sellers to disclose damage to new motor vehicles. See Hale v. Basin Motor Co., 110 N.M. 314 (N.M. 1990).

D. Nothing in this rule is intended to increase, decrease or otherwise in any way affect the rights or responsibilities of motor vehicle manufacturers or sellers under federal motor vehicle safety laws or regulations, or under New Mexico or other state products liability laws, principles or case law.

E. The attorney general has concluded that this rule is in the best interest of the health, safety and general welfare of the citizens of New Mexico.

N.M. Admin. Code § 12.2.14.6

12.2.14.6 NMAC - N, 4/1/2014, Amended by New Mexico Register, Volume XXVII, Issue 16, August 31, 2016, eff. 8/31/2016