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 according to licensee guidelines within ninety days of learning of the clerical error or other technicality and provides appropriate documentation to demonstrate the need for the repair. This section applies to a successor manufacturer or distributor.
History: Laws 2018, ch. 28, § 4.
Emergency clauses. — Laws 2018, ch. 28, § 6 contained an emergency clause and was approved March 1, 2018.
Structure New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 16 - Motor Vehicle Dealers Franchising
Section 57-16-1 - Declaration of policy.
Section 57-16-2 - Application of act.
Section 57-16-3 - Definitions.
Section 57-16-4 - Unlawful acts; dealers.
Section 57-16-5 - Unlawful acts; manufacturers; distributors; representatives.
Section 57-16-5.1 - Prohibition on denial of claims based on technical errors.
Section 57-16-6 - Obligations; statement of compensation.
Section 57-16-6.1 - Motorcycle dealers; new product; franchise or sales agreement.
Section 57-16-6.2 - Recreational vehicles; franchise agreements.
Section 57-16-7 - Warranty and recall claims; payment.
Section 57-16-7.1 - Sales and service incentives; audit.
Section 57-16-8 - Unreasonable restrictions; site control agreements; exclusive use agreements.
Section 57-16-9 - Franchise renewal; termination; anticipatory termination.
Section 57-16-9.1 - Succession to motorcycle dealership.
Section 57-16-9.2 - Motor vehicle dealers; termination of franchise; return of inventory.
Section 57-16-10 - Refunds; discounts.
Section 57-16-11 - Injunction.
Section 57-16-12 - Venue of suits; relief.
Section 57-16-13 - Right of action; damages.
Section 57-16-14 - Limitations on suits.