A. Any person who engages in the business or acts in the capacity of an associate broker or a qualifying broker within New Mexico without a license issued by the commission or pursuant to Section 61-29-16.1 NMSA 1978 is guilty of a fourth degree felony. Any person who violates any other provision of Chapter 61, Article 29 NMSA 1978 is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) or imprisonment for not more than six months, or both.
B. In the event any person has engaged or proposes to engage in any act or practice violative of a provision of Chapter 61, Article 29 NMSA 1978, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or will occur may, upon application of the commission, maintain an action in the name of the state to prosecute the violation or to enjoin the proposed act or practice.
C. In any action brought under Subsection B of this section, if the court finds that a person is engaged or has willfully engaged in any act or practice violative of a provision of Sections 61-29-1 through 61-29-18 NMSA 1978, the attorney general or the district attorney of the judicial district in which the person resides or the judicial district in which the violation has occurred or is occurring may, upon petition to the court, recover on behalf of the state a civil penalty not exceeding five thousand dollars ($5,000) per violation and attorney fees and costs.
History: 1953 Comp., § 67-24-34, enacted by Laws 1965, ch. 304, § 8; 1993, ch. 192, § 2; 2011, ch. 85, § 8; 2013, ch. 167, § 8; 2014, ch. 27, § 3.
ANNOTATIONSRepeals and reenactments. — Laws 1965, ch. 304, § 8, repeals 67-24-34, 1953 Comp., relating to penalties for violations by brokers, and enacts the above section.
The 2014 amendment, effective May 21, 2014, provided that foreign brokers conducting business in New Mexico are not in violation of Article 61, Chapter 29 NMSA 1978 if they have entered into transaction-specific agreements; and in Subsection A, in the first sentence, after "license issued by the commission", added "or pursuant to Section 61-29-16.1 NMSA 1978".
The 2013 amendment, effective June 14, 2013, revised the penalties for violations of the licensure requirements; in Subsection A, in the first sentence, after "Any person who", deleted "violates any provision of Chapter 61, Article 29 NMSA 1978 is guilty of a fourth degree felony and shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a definite term of eighteen months, or both" and added the remainder of the sentence and added the second sentence; in Subsection B, after "occurred or will occur", deleted "shall" and added "may"; and in Subsection B, after "occurred or is occurring", deleted "shall" and added "may".
The 2011 amendment, effective July 1 2011, changed a violation from a misdemeanor offense to a fourth degree felony and changed the fine from five hundred dollars to five thousand dollars and the term of imprisonment from a term of not more than six months to a definite term of eighteen months.
The 1993 amendment, effective June 18, 1993, substituted "Chapter 61, Article 29 NMSA 1978" for "Sections 67-24-19 through 67-24-35 New Mexico Statutes Annotated, 1953 Compilation" in two places in Subsection A and in Subsection B; and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 72, 73.
Right to private action under state statutes or regulations governing real estate brokers or salesmen, 28 A.L.R.4th 199.
53 C.J.S. Licenses § 82.