The state of New Mexico for the purpose of recovery of fines and penalties hereunder, and any person purchasing at any auction hereunder for the satisfaction of any civil judgment in an action for misrepresentation or fraud, or arising out of any violation of this act [61-16-3 to 61-16-17 NMSA 1978], shall have a right of action upon the bond required by Section 6 [61-16-8 NMSA 1978] hereof. Such action shall be brought in the name of the state of New Mexico only or in the name of the state of New Mexico to the use of the party entitled to recover upon said bond, as the case may be.
History: Laws 1941, ch. 45, § 15; 1941 Comp., § 51-1517; 1953 Comp., § 67-13-17.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Auctions and Auctioneers §§ 6, 7, 10.
Liability of auctioneer or clerk to buyer as to title, condition or quality of goods, 80 A.L.R.2d 1237.
7A C.J.S. Auctions and Auctioneers §§ 3, 26.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-16-1 - Auctioneers; puffing; fees.
Section 61-16-2 - [Puffing; illegal fees; penalty; civil liability.]
Section 61-16-4 - Scope; auction sales exceptions.
Section 61-16-5 - Sales prohibited without license.
Section 61-16-7 - Application for license.
Section 61-16-10 - Inspectors.
Section 61-16-12 - Licenses limited.
Section 61-16-13 - Persons disqualified.