A. Chapter 61, Article 16 NMSA 1978 shall apply to all sales by auction, other than those specifically excepted in this section, of gold, silver, plated ware, precious or semiprecious stones, watches, clocks and goods, wares and merchandise commonly classified as jewelry of any kind and nature. It shall not apply to:
(1) bona fide judicial sales; or
(2) bona fide sales upon foreclosure of a chattel mortgage landlord's lien or other lien or like interests.
B. Auction sales of jewelry by transferees upon judicial or bankruptcy sales shall be subject to all the provisions of Chapter 61, Article 16 NMSA 1978.
History: Laws 1941, ch. 45, § 2; 1941 Comp., § 51-1504; 1953 Comp., § 67-13-4; Laws 1993, ch. 59, § 1.
The 1993 amendment, effective July 1, 1993, inserted "auction sales exceptions" in the catchline; substituted "Chapter 61, Article 16 NMSA 1978" for "This act" at the beginning of Subsection A and for "hereof" at the end of Subsection B; inserted "in this section" in the first sentence of Subsection A; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Auctions and Auctioneers §§ 8, 46.
7A C.J.S. Auctions and Auctioneers §§ 3, 8.
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.