2020 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 9 - Used Merchandise
Section 57-9-1 - Short title.

Universal Citation: NM Stat § 57-9-1 (2020)

This act [57-9-1 to 57-9-3, 57-9-4, 57-9-5 NMSA 1978] may be cited as the "Used Merchandise Act".

History: 1953 Comp., § 49-13-1, enacted by Laws 1967, ch. 155, § 1.

ANNOTATIONS

Cross references. — For authority of municipalities generally, see 3-17-1 and 3-18-1 NMSA 1978.

Act did not withdraw authority of municipalities to regulate pawnbrokers. — Since there may be double regulation, the later state law and the prior municipal authority to regulate are reconcilable. The Used Merchandise Act did not withdraw the authority of municipalities to regulate pawnbrokers. City of Hobbs v. Biswell, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.

Municipal ordinance may duplicate or complement statutory regulations. — With the enactment of the Used Merchandise Act, there is regulation of pawnbrokers by both the state and the municipality. The fact of double regulation does not result in the withdrawal of the municipality's authority to regulate. An ordinance may duplicate or complement statutory regulations. City of Hobbs v. Biswell, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.

Municipal ordinance requiring recording amount of purchase price or loan not in conflict with the Used Merchandise Act. City of Hobbs v. Biswell, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677.

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