2006 New Mexico Statutes - 66-3-107 — Duties of seller or transferor; additional duties of dealers; application for transfer; penalty; mileage of vehicle.

66-3-107. Duties of seller or transferor; additional duties of dealers; application for transfer; penalty; mileage of vehicle.

A.     Any seller or transferor, including a dealer, of a vehicle required to be registered pursuant to the Motor Vehicle Code [ 66-1-1 NMSA 1978] shall furnish to the purchaser upon delivery the necessary title properly assigned and shall inform the purchaser that application for transfer must be filed with the department within thirty days of the date of sale. When a dealer licensed pursuant to Section 66-4-1 NMSA 1978 allows a vehicle to be purchased over a period of time pursuant to an expressed or implied contract and elects to retain a security interest in the vehicle, the dealer shall collect the necessary transfer fees from the purchaser upon delivery of the vehicle and shall, within thirty days, pay all transfer fees due on the vehicle to the department and shall give to the new purchaser the new registration certificate in the purchaser's name.   

B.     Every dealer, upon transferring by sale, lease or otherwise any vehicle, whether new or used, of a type subject to registration pursuant to the Motor Vehicle Code shall give written notice of the transfer to the department upon an appropriate form provided by the department.   

C.     Except as otherwise provided in this subsection, the dealer shall indicate on the form the actual mileage of the vehicle as indicated by the vehicle's odometer at the time of the transfer.   

D.     A sale shall be deemed completed and consummated when the purchaser of that vehicle has paid the purchase price or, in lieu thereof, has signed a purchase contract or security agreement and taken physical possession or delivery of that vehicle.   

E.     Failure to apply for transfer of registration and issuance of a new certificate of title within thirty days from the date of transfer subjects the transferee to a penalty of twenty dollars ($20.00), which shall be collected by the department and shall be in addition to other fees and penalties provided by law.