N.M. Stat. » Chapter 57 — Trade Practices and Regulations
New Mexico Statutes

N.M. Stat. § 57-16-13 (2026)

Right of action; damages

✓ current as of May 2026
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In addition to any other judicial relief, any person who shall be injured in his business or property by reason of anything forbidden in this act may sue therefor in the district court and shall recover actual damages by him sustained, and the cost of suit, including a reasonable attorney's fee. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the defendant acted maliciously.

History: 1953 Comp., § 64-37-13, enacted by Laws 1973, ch. 6, § 13.

ANNOTATIONS

Compiler's notes. — The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, and 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978. Retail buyer’s cause of action. — The statutory language of this article, the explicit legislative object of ensuring "a sound system" of motor vehicle sale and distribution within the state, and the intent to provide a remedy for warranty abuse, implies a retail buyer's cause of action against a manufacturer for such abuse. GMAC v. Anaya, 1985- NMSC-066, 103 N.M. 72, 703 P.2d 169.

Defendant’s breach of contract was not malicious. — Where plaintiff sued defendant for breach of automobile dealership contract; and the trial court found that defendant acted willfully and improperly denied warranty claims and willfully breached the contract, but did not find that defendant’s actions were maliciously intentional, fraudulent, oppressive, reckless or undertaken with wanton disregard of plaintiff’s rights, plaintiff was not entitled to punitive damages. Art Janpol Volkswagen, Inc. v. Fiat Motors of N. Am., Inc., 767 F.2d 690 (10th Cir. 1985).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.

Notes of Decisions
Cited in 6 cases, 1984–2011 · leading case: Key v. Chrysler Motors Corp., 889 P.2d 875 (N.M. Ct. App. 1995).
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Key v. Chrysler Motors Corp., 889 P.2d 875 (N.M. Ct. App. 1995). · cites it 52× “NMSA 1978, Section 57-16-13 (Repl. Pamp.1987), which defines the right of action for damages under the Act, states: In addition to any other judicial relief, any person who shall be injured in his business or property by reason of anything forbidden in this act may sue therefor…”
Key v. Chrysler Motors Corp., 918 P.2d 350 (N.M. 1996). · cites it 14× “, dissenting) (discussing Section 57-16-13). He observed that Section 57-16-9 provides as follows: Anything to the contrary notwithstanding, it shall be unlawful for the manufacturer, distributor or representative without due cause to fail to renew on terms then equally…”
Gen. Motors Acceptance Corp. v. Anaya, 703 P.2d 169 (N.M. 1985). · cites it 2× “Under Section 57-16-13, “any person who shall be injured in his business or property by reason of anything forbidden in this act * * * may sue therefor in the district court.”
Patterson v. Globe Am. Cas. Co., 685 P.2d 396 (N.M. Ct. App. 1984). · cites it 2× “…interest); NMSA 1978, § 57-1-3 (Cum.Supp.l983)(restraints of trade); NMSA 1978, § 57-5-14 (motion picture theaters); NMSA 1978, § 57-11-12 (automobile financing); NMSA 1978, 57-12-10 (unfair trade practices); NMSA 1978, § 57-13-6 (pyramid sales); NMSA 1978, § 57-14-8 (price…”
Key v. Chrysler Motors Corp., 998 P.2d 575 (N.M. 2000). · cites it 2× “Compare NMSA 1978, § 57-16-13 (1973) (allowing the district court, under the Franchising Act, to award costs and attorneys’ fees to a successful plaintiff, but silent as to any limitation on a successful defendant’s cost recovery), with NMSA 1978, § 47-9-7 (1991) (“If a court…”
Two Old Hippies, LLC v. Catch the Bus, LLC, 807 F. Supp. 2d 1059 (D.N.M. 2011). · cites it 2× “1978, § 57-16-13. The Court will therefore award Two Old Hippies reasonable attorneys’ fees.”
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