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 […]
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 […]
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 […]
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 […]
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 […]
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; […]
Section 57-16-7 – Warranty and recall claims; payment.
A. Each manufacturer shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state, the dealer’s obligation to perform warranty work or service on the manufacturer’s products. B. Each manufacturer shall provide each of its dealers with a schedule of compensation to be paid to […]
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. […]
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 […]
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 […]