Waiver.

Checkout our iOS App for a better way to browser and research.

Any waiver of the provisions of this act shall be unenforceable and void.

History: 1953 Comp., § 50-15-12, enacted by Laws 1959, ch. 204, § 12.

ANNOTATIONS

Saving clauses. — Laws 1959, ch. 204, § 14, provides that the act does not apply to contracts in effect prior to its effective date.

Severability clauses. — Laws 1959, ch. 204, § 13, provides for the severability of the act if any part or application thereof is held invalid.

Compromise amounting to attempted waiver void. — An alleged compromise agreement whereby the plaintiffs who refused to accept the mobile home they ordered allowed the defendant to retain their down payment as a credit on another purchase, where the plaintiffs had a right under Section 58-19-7A(3) NMSA 1978 to rescission and refund, was unenforceable and void, because the effect of the alleged compromise amounted to an attempted waiver of the plaintiffs' rights, in violation of this section, and because of the general rule that transactions in violation of a statute prescribing penalties, such as those in Section 58-19-11A NMSA 1978, are void. White v. Singleton, 1975-NMCA-104, 88 N.M. 262, 539 P.2d 1024.


Download our app to see the most-to-date content.