N.M. Admin. Code § 12.2.14.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 12.2.14.8 - AFFIDAVIT REQUIRED

A. A seller of a motor vehicle shall furnish at the time of sale of a motor vehicle an affidavit that states to the best of the seller's knowledge whether there has been an alteration or chassis repair due to wreck damage, except where not required. Subsections B and C of Section 57-12 -6 NMSA 1978.

B. When a seller in good faith:

(1) conducts a motor vehicle inspection in compliance with 12.2.14.10 NMAC;

(2) completes an inspection report pursuant to 12.2.14.11 NMAC;

(3) provides the inspection report to the buyer; and

(4) maintains the inspection report in seller's records for four years, the seller may be deemed to have complied with Section 57-12 -6 NMSA 1978.

C. When a seller determines that an affidavit is required pursuant to Subsection B of Section 57-12 -6 NMSA 1978, the seller shall attach a report which substantially complies with 12.2.14.11 NMAC to the affidavit to disclose the prior alteration or repair.

D. When unsafe alterations or repairs are identified or discovered by an inspector during the inspection, the unsafe alterations or repairs shall be disclosed in the inspection report provided for in 12.2.14.11 NMAC, and a copy of the inspection report shall be provided to the buyer.

E. A seller shall not represent to the buyer that the absence of any information or condition of the motor vehicle on a carfax, autocheck or other motor vehicle history report is proof that the motor vehicle has never been altered or repaired.

F. When a seller determines that an affidavit is required pursuant to Subsection B of Section 57-12-6 NMSA 1978, a copy of the affidavit shall also be maintained by the seller for four years.

G. Nothing in this regulation shall limit the obligation of a seller of a motor vehicle to make required disclosures pursuant to Section 57-12-6 NMSA 1978, of alteration or chassis repair due to wreck damage discovered by or previously known to the seller.

N.M. Admin. Code § 12.2.14.8

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