N.M. Code R. § 12.2.14.8 - AFFIDAVIT REQUIRED
A. A
seller of a motor vehicle shall furnish at the time of sale of a motor vehicle
an affidavit that states to the best of the seller's knowledge whether there
has been an alteration or chassis repair due to wreck damage, except where not
required. Subsections B and C of Section 57-12 -6 NMSA 1978.
B. When a seller in good faith:
(1) conducts a motor vehicle inspection in
compliance with
12.2.14.10
NMAC;
(2) completes an inspection
report pursuant to
12.2.14.11
NMAC;
(3) provides the inspection
report to the buyer; and
(4)
maintains the inspection report in seller's records for four years, the seller
may be deemed to have complied with Section 57-12 -6 NMSA 1978.
C. When a seller determines that
an affidavit is required pursuant to Subsection B of Section 57-12 -6 NMSA
1978, the seller shall attach a report which substantially complies with
12.2.14.11
NMAC to the affidavit to disclose the prior alteration or repair.
D. When unsafe alterations or repairs are
identified or discovered by an inspector during the inspection, the unsafe
alterations or repairs shall be disclosed in the inspection report provided for
in
12.2.14.11
NMAC, and a copy of the inspection report shall be provided to the
buyer.
E. A seller shall not
represent to the buyer that the absence of any information or condition of the
motor vehicle on a carfax, autocheck or other motor vehicle history report is
proof that the motor vehicle has never been altered or repaired.
F. When a seller determines that an affidavit
is required pursuant to Subsection B of Section
57-12-6
NMSA 1978, a copy of the affidavit shall also be maintained by the seller for
four years.
G. Nothing in this
regulation shall limit the obligation of a seller of a motor vehicle to make
required disclosures pursuant to Section
57-12-6
NMSA 1978, of alteration or chassis repair due to wreck damage discovered by or
previously known to the seller.
Notes
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