A pawnbroker shall not:
A. knowingly enter into a pawn transaction with a person under the age of eighteen years or under the influence of alcohol, any narcotic, drug, stimulant or depressant;
B. make any agreement requiring the personal liability of a pledgor in connection with the pawn transaction;
C. accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under the Pawnbrokers Act;
D. fail to exercise reasonable care to protect pledged goods from loss or damage;
E. fail to return a pledged good to a pledgor upon payment of the full amount due to the pawnbroker on the pawn transaction. In the event a pledged good is lost or damaged while in the possession of the pawnbroker, the pawnbroker shall compensate the pledgor for the reasonable value of the lost or damaged good;
F. make any charge for insurance in connection with a pawn transaction;
G. purchase or otherwise receive any item of property from which the manufacturer's name plate, serial number or identification mark has been obviously defaced, altered, covered or destroyed;
H. purchase or otherwise receive any item of property which the permitholder knows is not lawfully owned by the person offering the same;
I. enter into a pawn transaction in which the unpaid principle [principal] balance exceeds two thousand dollars ($2,000); or
J. require that any of the proceeds of any cash loan be spent at the pawnbroker's place of business or in any other manner directed by the pawnbroker.
History: Laws 1985, ch. 228, ยง 14.
Structure New Mexico Statutes
Chapter 56 - Commercial Instruments and Transactions
Section 56-12-1 - Short title.
Section 56-12-2 - Definitions.
Section 56-12-4 - Permits required; inspection fee; penalty.
Section 56-12-5 - Administration; applicability of other laws.
Section 56-12-6 - Pawnbroker; bond required.
Section 56-12-7 - Application for permit; requirements.
Section 56-12-8 - Suspension or revocation of permit; notice; hearing.
Section 56-12-9 - Pawnbroker reports; records; delivery; violations.
Section 56-12-10 - Pawn ticket.
Section 56-12-11 - Default; disposition of pledged property.
Section 56-12-12 - Record of disposition of pledged property.
Section 56-12-13 - Pawn service charge.
Section 56-12-14 - Prohibited practices.