A. No service contract that has been in effect for at least seventy days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the service contract, whichever occurs first, except on any of the following grounds:
(1) failure by the holder to pay an amount when due;
(2) conviction of the holder of a crime that results in an increase in the service required under the service contract;
(3) discovery of fraud or material misrepresentation by the holder in obtaining the service contract or in presenting a claim for service thereunder; or
(4) discovery of either of the following if it occurred after the effective date of the service contract and substantially and materially increased the service required under the service contract:
(a) an act or omission by the holder; or
(b) a violation by the holder of any condition of the service contract.
B. No cancellation of a service contract may become effective until at least fifteen days after the notice of cancellation is mailed to the holder.
History: Laws 2001, ch. 206, § 12.
Effective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 12 effective July 1, 2002.
Structure New Mexico Statutes
Article 58 - Service Contract Regulation
Section 59A-58-1 - Short title.
Section 59A-58-2 - Definitions.
Section 59A-58-3 - Exclusions from act.
Section 59A-58-4 - Prohibition of sale of service contract unless registered.
Section 59A-58-5 - Registration requirements.
Section 59A-58-6 - Security required for registration of provider.
Section 59A-58-7 - Transactions exempt from premium tax.
Section 59A-58-8 - Transactions not subject to New Mexico Insurance Code; exceptions.
Section 59A-58-9 - Right of holder to return service contract for refund.
Section 59A-58-10 - Information required in service contract.
Section 59A-58-10.1 - Automatic renewal; notice.
Section 59A-58-11 - Receipt for and copy of service contract required.
Section 59A-58-12 - Cancellation of service contract.
Section 59A-58-13 - Business name restrictions.
Section 59A-58-15 - Records requirements.
Section 59A-58-16 - Examinations and inspection of books by superintendent.