A. Except as provided in Section 66-3-24B NMSA 1978, it is a misdemeanor for any person to fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled thereto.
B. Upon conviction of a second such offense, the offender is guilty of a misdemeanor but shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than three hundred sixty-four days, or both.
History: 1953 Comp., § 64-3-113, enacted by Laws 1978, ch. 35, § 60.
Cross references. — For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.
Noncompliance not failure of title or breach of warranty. — The fact that the parties failed to comply with the title provisions would not operate to continue the plaintiff's status as a purchaser indefinitely. The title provisions refer to the duties of the dealer and transferee, but noncompliance therewith cannot be considered a failure of title, fraudulent misrepresentation, or breach of warranty as to freedom from liens on a motor vehicle. Prince v. National Union Fire Ins. Co., 1965-NMSC-073,75 N.M. 313, 404 P.2d 137.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 44 to 48.
60 C.J.S. Motor Vehicles § 41.
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