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;
(4) repurchase obligations;
(5) sales volume and performance; and
(6) dispute resolution procedures.
B. Notwithstanding the provisions of Subsection A of this section, a dealer and manufacturer, distributor or representative may mutually agree not to include the provisions listed in Paragraphs (2) through (6) of Subsection A of this section; provided, however, a written declaration stating which of the provisions were intentionally omitted and not applicable shall be incorporated into the written agreement.
History: Laws 1995, ch. 19, § 2; 2003, ch. 199, § 1.
The 2003 amendment, effective July 1, 2003, inserted "including rates charged by a dealer for performing warranty service" at the end of Paragraph A(1).
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.