A. A retail installment contract shall be in writing and shall be signed by both the buyer and the seller; it shall be completed as to all essential provisions prior to its signing by the buyer.
B. The printed portion of the contract, other than instructions for completion, shall be in at least eight-point type. The contract shall contain in a size equal to at least ten-point bold type the following notice: "Notice to the Buyer: 1. Do not sign this contract before you read it or if it contains any blank spaces. 2. You are entitled to an exact copy of the contract you sign.".
C. The seller shall deliver to the buyer or mail to the buyer at the buyer's address shown on the contract a copy of the contract signed by the seller. Until the seller does so, a buyer who has not received delivery of the motor vehicle shall have the right to rescind the buyer's agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract; if such goods cannot be returned, the value thereof shall be paid by the seller. Any acknowledgment by the buyer or delivery of a copy of the contract shall be in a size equal to at least ten-point bold type and, if contained in the contract, shall appear directly above the buyer's signature.
D. Any such agreement shall contain immediately before the buyer's signature substantially the following notice printed or typed in a size equal to at least twelve-point bold type as follows:
"NOTICE TO BUYER
LIABILITY INSURANCE FOR BODILY INJURY CAUSED TO YOURSELF OR TO OTHERS OR PROPERTY DAMAGE CAUSED TO OTHERS IS NOT PROVIDED WITH THIS AGREEMENT. IF YOU DESIRE LIABILITY INSURANCE COVERAGE, YOU SHOULD OBTAIN SUCH COVERAGE FROM AN AGENT OF YOUR CHOICE.".
E. The contract shall contain the following items:
(1) the names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle, including its make, year model, model and identification numbers or marks;
(2) the cash sale price of the motor vehicle;
(3) the amount of the buyer's down payment and whether made in money or goods;
(4) the difference between items in Paragraphs (2) and (3) of this subsection;
(5) the amount, if any, included for insurance and other benefits, specifying the types of coverage and benefits, and if it is the case, including as a benefit amounts paid or to be paid by the seller pursuant to agreement with the buyer to discharge a security interest, lien or lease interest on property traded in;
(6) the amount of official fees;
(7) the principal balance, which is the sum of items in Paragraphs (4), (5) and (6) of this subsection;
(8) the amount of the finance charge; and
(9) the time balance, which is the sum of items in Paragraphs (7) and (8) of this subsection, payable in installments by the buyer to the seller, the number of installments, the amount of each installment and the due date or term thereof.
The above items need not be stated in the sequence or order set forth, and additional items may be included to explain the calculations involved in determining the stated time balance to be paid by the buyer.
F. The amount, if any, included for insurance, which may be purchased by the holder of the retail installment contract, shall not exceed the applicable premiums chargeable in accordance with the rates filed with the office of superintendent of insurance. If dual interest insurance on the motor vehicle is purchased by the holder, it shall, within thirty days after execution of the retail installment contract, send or cause to be sent to the buyer a policy or policies or certificate of insurance written by an insurance company authorized to do business in this state, clearly setting forth the amount of the premium, the kind or kinds of insurance, the coverages and all the terms, exceptions, limitations, restrictions and conditions of the contract or contracts of insurance. The buyer shall have the privilege of purchasing such insurance from an agent or broker of the buyer's own selection and of selecting an insurance company acceptable to the holder, and in such case, the inclusion of the insurance premium in the retail installment contract shall be optional with the seller.
G. If any insurance is canceled or the premium adjusted, any refund of the insurance premium received by the holder shall be credited to the final maturing installments of the contract except to the extent applied toward payment for similar insurance protecting the interests of the buyer and the holder or either of them.
H. The holder may, if the contract or refinancing agreement so provides, collect a delinquency and collection charge on each installment in default for a period not less than ten days, in an amount not in excess of five percent of each installment or fifteen dollars ($15.00), whichever is less. In addition to such delinquency and collection charge, the contract may provide for the payment of attorney fees not exceeding fifteen percent of the amount due and payable under such contract, where such contract is referred for collection to any attorney not a salaried employee of the holder of the contract, plus the court costs.
I. A buyer may transfer the buyer's equity in the motor vehicle at any time to another person upon agreement by the holder, but in such event, the holder of the contract shall be entitled to a transfer of equity fee, which shall not exceed twenty-five dollars ($25.00).
J. No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after execution, except that if delivery of the motor vehicle is not made at the time of the execution of the contract, the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be inserted in the contract after its execution. The buyer's written acknowledgement, conforming to the requirements of Subsection C of this section, of delivery of a copy of a contract shall be conclusive proof of such delivery, that the contract when signed did not contain any blank spaces except as herein provided and of compliance with this section in any action or proceeding by or against the holder of the contract.
K. Upon written request from the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments made and the total amount unpaid under such contract. A buyer shall be given a written receipt for any payment when made in cash.
L. No provision in a retail installment contract relieving the seller from liability under any legal remedies that the buyer may have against the seller under the contract, or any separate instrument of similar import executed in connection therewith, shall be enforceable.
M. In the event that the seller or the holder of the retail installment contract repossesses a motor vehicle, the buyer shall be responsible and liable for any deficiency in accordance with Section 55-9-608 NMSA 1978.
History: 1953 Comp., § 50-15-7, enacted by Laws 1959, ch. 204, § 7; 1973, ch. 243, § 1; 1975, ch. 256, § 1; 1975, ch. 274, § 2; 1977, ch. 272, § 2; 1979, ch. 188, § 1; 1981, ch. 10, § 2; 1989, ch. 266, § 1; 2001, ch. 123, § 3; 2013, ch. 74, § 7.
ANNOTATIONSCross references. — For the allowance of a reasonable attorney fee for the debtor, if prevailing in a civil action pursuant to this section, see 39-2-2 NMSA 1978.
The 2013 amendment, effective March 29, 2013, prohibited the amount for insurance from exceeding the rates filed with the superintendent of insurance; and in Subsection F, in the first sentence, after "filed with the", added "office of superintendent of" and after "insurance", deleted "division of the public regulation commission"; in Subsection J, after "the requirements of", deleted "A" and added "C"; and in Subsection M, after "Section", deleted "55-9-504" and added "55-9-608".
The 2001 amendment, effective June 15, 2001, inserted the language beginning "and if it is the case" in Paragraph B(5); and substituted "insurance division of the public regulation commission" for "department of insurance of the state corporation commission" in Subsection C.
Effect of seller's failure to sign contract and deliver unit. — Where the plaintiffs signed a contract agreeing to buy a mobile home from the defendant, which contract was neither dated nor signed by the latter, paying a down payment toward the purchase price, and shortly after the mobile home arrived from the factory, the plaintiffs went to the defendant's place of business to see it, and either at this point or on a second visit, discovering that it was not as ordered in several particulars, asked for a refund of their down payment under this article, they had a right to rescind the contract and receive a refund of the payments they had made, since the contract was not signed by the seller and the unit was never delivered to the buyers. White v. Singleton, 1975-NMCA-104, 88 N.M. 262, 539 P.2d 1024.
Agreement compromising right to rescission and refund 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 Subsection A(3) 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 Section 58-19-12 NMSA 1978, 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.
Authority to collect finance charges. — Persons licensed as sales finance companies are without any specific statutory authority under this article to collect any finance charges; because this could not have been what the legislature intended, one must find, in Section 56-8-11.1 NMSA 1978 (now repealed), the authority to collect finance charges. 1985 Op. Att'y Gen. No. 85-01.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction of statutes regulating form and contents of motor vehicle installment sales contracts, 14 A.L.R.3d 330, 46 A.L.R. Fed. 657.