2023 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 4 - Licensing of Dealers and Wreckers
Section 66-4-2.2 - Off-site sales.
A. Except as otherwise provided in this section, a New Mexico licensed dealer or the holder of a security interest filed pursuant to Section 66-3-201 NMSA 1978 shall not sell a vehicle or offer a motor vehicle for sale at a location other than the licensed dealer's established place of business, as defined in Section 66-1-4.5 NMSA 1978; provided that for purposes of this subsection, a vehicle shall not be deemed offered for sale at a location other than the licensed dealer's established place of business if the vehicle is in use for a purpose other than to sell or offer the vehicle for sale.
B. A New Mexico licensed dealer, before offering a vehicle or vessel for sale at a temporary off-site location, shall apply to the department for and obtain an off-site permit. No off-site permit shall be issued to a New Mexico licensed dealer, other than a dealer in motorcycles only, for a temporary off-site location unless the dealer:
(1) documents to the satisfaction of the department that the dealer has offered the majority of dealers, other than dealers in motorcycles only, in the county in which the proposed temporary off-site location would be located, the opportunity to offer vehicles or vessels for sale at the proposed temporary off-site location; provided that the offer shall be for sale of vehicles or vessels at all times during which the applicant proposes to sell vehicles or vessels and shall not be conditioned upon the payment of a fee by a dealer to whom the off-site permit is addressed that is greater than a fair share of the actual expenses; and
(2) obtains either an original rider to the dealer's existing corporate surety bond or an original corporate surety bond in compliance with the provisions of Section 66-4-7 NMSA 1978 to cover the proposed temporary off-site location and dates of sale.
C. All temporary off-site locations shall be identified by prominently displayed signs identifying the names of the New Mexico licensed dealers selling vehicles or vessels at the temporary off-site location and shall be of sufficient size or space to permit the safe display of the vehicles or vessels offered for sale.
History: Laws 2007, ch. 319, § 41; 2023, ch. 137, § 2.
ANNOTATIONSThe 2023 amendment, effective July 1, 2023, limited the locations where a motor vehicle may be sold or offered for sale; added a new Subsection A and redesignated former Subsections A and B as Subsections B and C, respectively.