The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provision of the Unfair Practices Act. History: 1953 Comp., § 49-15-11, enacted by Laws 1967, ch. 268, § 10 [10A]. ANNOTATIONSCompiler's notes. — See compiler's note to 57-12-12 NMSA 1978. Violation of regulations. — An automobile dealer violated the act when it failed to provide a customer with a written statement explaining the dealer's warranty policy as required by the attorney general's regulations. Salazar v. DWBH, Inc., 2008-NMSC-054, 144 N.M. 828, 192 P.3d 1205. Rules governing advertising and fees related to the sale of motor vehicles. — Under rules promulgated by the office of the attorney general pursuant to this section, the advertised price of a new vehicle must be the full cash price for which the dealer will sell the vehicle. This provision permits a dealer to exclude four specific charges from the advertised price of a vehicle, including 'dealer transfer service fees,' subject to the specified disclosure requirements. A dealer is prohibited from using the term 'documentary fee' for 'charges other than those actually required by law for ealer transfer service fees,' subject to the specified disclosure requirements. A dealer is prohibited from using the term 'documentary fee' for 'charges other than those actually required by law for processing of documents.' It does not include fees for document preparation, which may be assessed as a component of dealer transfer service fees. A dealer is precluded from negotiating the terms of a sale and then adding the cost of certain items to the contract, including 'dealer preparation,' without the buyer's knowledge and consent. The rules also prohibit a dealer from adding 'any other charges, however denominated, that represent additional dealer profit,' which plainly prohibits a dealer from including a profit component within any otherwise permissible fee the dealer charges, including the dealer transfer service fee, documentary fee, and dealer preparation fee. Fees Covered by Office of Attorney General Rules Governing Advertising and Sale of Motor Vehicles (5/31/19), Att'y Gen. Adv. Ltr. 2019-02.
New Mexico Legal Code