New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 2 - CONSUMER PROTECTION
Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES
Section 12.2.6.10 - ESTIMATES, INVOICE AND PAYMENT

A. It is an unfair or deceptive trade practice for an automotive repair facility to fail to give an estimate of repairs that exceed one hundred dollars ($100). A written estimate from an insurance company or independent appraisal firm shall be deemed to meet this requirement in lieu of the repair facility estimate. For calculation of the dollar amount, fees for related repairs diagnosed at the same time shall be aggregated. A diagnostic fee is not subject to this section as long as the disclosure required by Section 11.1 [now Section 12.2.6.11 NMAC] is made at the time an estimate would have been required. The estimate shall be written. If the customer is not present at the time the estimate is finalized, the repair facility may obtain oral approval from the customer or proceed, based upon full disclosure of the content of the written estimate. If oral approval is obtained, the repair facility shall provide the customer with a copy of the written estimate no later than the time the customer picks up his or her vehicle. The estimate shall document who authorized the repairs, the phone numbers at which they were contacted, exactly what repairs were authorized and the time, date and name of the person obtaining the authorization. If the repairs exceed the estimate by the greater of ten percent or fifty dollars ($50), the shop must obtain a new authorization for any repairs beyond 110 percent or ($50) of the original estimate. If the additional repairs are authorized and paid for by an insurance company, no customer authorization is necessary. If the consumer does not desire an estimate, the consumer may choose to sign a waiver relieving the facility of these responsibilities and requirements when he or she initially leaves the automobile for repair. However, a consumer must be made fully aware of the consequences of his or her waiver, which shall include a brief explanation of the privileges he or she has waived.

B. It is an unfair or deceptive trade practice for an automotive repair facility to solicit, collect or require payment for repair charges in excess of those permitted by Section 10.1 [now Subsection A of 12.2.6.10 NMAC].

C. It is an unfair or deceptive trade practice for an automotive repair facility to fail to provide the customer with an invoice stating in detail all repairs completed and, pursuant to Section 12.1 [now Subsection A of Section 12.2.6.12 NMAC], all parts and material used in the repair or service of the customer's automobile; provided that no itemization is required if the charge for parts and materials is ($50) or less. Furthermore, if any repair is sublet, the sublet repairs shall be marked "sublet" on the customer's invoice.

D. It is an unfair or deceptive trade practice for an automobile repair shop to assert or impose or attempt to assert or impose a mechanic's lien for charges in excess of those permitted by Section 10.1 [now Subsection A of 12.2.6.10 NMAC].