(1) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court deems just.
(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
History: 1978 Comp., § 55-2A-521, enacted by Laws 1992, ch. 114, § 76.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
Uniform Statutory Source: — Section 2-716 [55-2-716 NMSA 1978].
Changes: — Revised to reflect leasing practices and terminology, and to expand the reference to the right of replevin in Subsection (3) to include other similar rights of the lessee.
"Delivery". Section 1-201(14) [55-1-201 NMSA 1978].
"Goods". Section 2A-103(1)(h) [55-2A-103 NMSA 1978].
"Lease contract". Section 2A-103(1)(l) [55-2A-103 NMSA 1978].
"Lessee". Section 2A-103(1)(n) [55-2A-103 NMSA 1978].
"Rights". Section 1-201(36) [55-1-201 NMSA 1978].
"Term". Section 1-201(42) [55-1-201 NMSA 1978].
Effective dates. — Laws 1992, ch. 114, § 238 made Laws 1992, ch. 114, § 76 effective July 1, 1992.
Structure New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Section 55-2A-501 - Default; procedure.
Section 55-2A-502 - Notice after default.
Section 55-2A-503 - Modification or impairment of rights and remedies.
Section 55-2A-504 - Liquidation of damages.
Section 55-2A-506 - Statute of limitations.
Section 55-2A-507 - Proof of market rent; time and place.
Section 55-2A-508 - Lessee's remedies.
Section 55-2A-509 - Lessee's rights on improper delivery; rightful rejection.
Section 55-2A-510 - Installment lease contracts; rejection and default.
Section 55-2A-511 - Merchant lessee's duties as to rightfully rejected goods.
Section 55-2A-512 - Lessee's duties as to rightfully rejected goods.
Section 55-2A-513 - Cure by lessor of improper tender or delivery; replacement.
Section 55-2A-514 - Waiver of lessee's objections.
Section 55-2A-515 - Acceptance of goods.
Section 55-2A-517 - Revocation of acceptance of goods.
Section 55-2A-518 - Cover; substitute goods.
Section 55-2A-520 - Lessee's incidental and consequential damages.
Section 55-2A-521 - Lessee's right to specific performance or replevin.
Section 55-2A-522 - Lessee's right to goods on lessor's insolvency.
Section 55-2A-523 - Lessor's remedies.
Section 55-2A-524 - Lessor's right to identify goods to lease contract.
Section 55-2A-525 - Lessor's right to possession of goods.
Section 55-2A-526 - Lessor's stoppage of delivery in transit or otherwise.
Section 55-2A-527 - Lessor's rights to dispose of goods.
Section 55-2A-529 - Lessor's action for the rent.
Section 55-2A-530 - Lessor's incidental damages.
Section 55-2A-531 - Standing to sue third parties for injury to goods.