A. Except as provided in Section 66-3-24B NMSA 1978, it is a misdemeanor for any person to fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled thereto.
B. Upon conviction of a second such offense, the offender is guilty of a misdemeanor but shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than three hundred sixty-four days, or both.
History: 1953 Comp., § 64-3-113, enacted by Laws 1978, ch. 35, § 60.
Cross references. — For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.
Noncompliance not failure of title or breach of warranty. — The fact that the parties failed to comply with the title provisions would not operate to continue the plaintiff's status as a purchaser indefinitely. The title provisions refer to the duties of the dealer and transferee, but noncompliance therewith cannot be considered a failure of title, fraudulent misrepresentation, or breach of warranty as to freedom from liens on a motor vehicle. Prince v. National Union Fire Ins. Co., 1965-NMSC-073,75 N.M. 313, 404 P.2d 137.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 44 to 48.
60 C.J.S. Motor Vehicles § 41.
Structure New Mexico Statutes
Part 2 - TRANSFER OF TITLE OR INTEREST
Section 66-3-102 - Endorsement of assignment and warranty of title.
Section 66-3-105 - Transfer by operation of law.
Section 66-3-106 - Owner after transfer not liable for negligent operation.
Section 66-3-108 - Transfer to dealers.
Section 66-3-109 - Dealer's guarantee of title.
Section 66-3-110 - When division to reregister vehicle and issue new certificate.
Section 66-3-111 - Assignment by person holding lien.
Section 66-3-112 - Release by lienholder to owner.
Section 66-3-113 - Failure to deliver certificate; penalty.
Section 66-3-115 - Notification forms; copies; resale of salvaged vehicle or motor vehicle.
Section 66-3-116 - Title cancellation.
Section 66-3-119 - Vehicle to be dismantled.
Section 66-3-120 - Transportation of certain vehicles; proof of ownership.
Section 66-3-121 - Disposal of abandoned vehicle or motor vehicle.
Section 66-3-122 - Registration effective after death of owner.
Section 66-3-123 - Requirements of purchaser; forms; distribution.
Section 66-3-124 - Department to provide forms.
Section 66-3-125 - Restrictions upon licensees.
Section 66-3-126 - Casual sales; place of sale; advertising; penalty.
Section 66-3-127 - Warning of violation; removal of vehicle.