March 15, 1999

Mr. President:

Your JUDICIARY COMMITTEE, to whom has been referred

has had it under consideration and reports same WITHOUT RECOMMENDATION, amended as follows:

1. On page 3, line 2, strike "The" and insert in lieu thereof "Except as provided in Subsection G of this section, the".

2. On page 3, line 6, strike "and".

3. On page 3, between lines 6 and 7, insert the following paragraph:

"(2) the seller does not have actual knowledge of the damage; and".

4. Renumber the succeeding paragraph accordingly.

5. On page 3, lines 11 and 12, strike "a visual inspection would" and insert in lieu thereof "an actual inspection did".

6. On page 3, line 16, strike "would not be revealed by visual" and insert in lieu thereof "was not revealed by actual".

7. On page 3, between lines 16 and 17, insert the following subsection:

"G. A purchaser of a vehicle on which there was damage required to be disclosed pursuant to Subsection B of this section but for which the seller is not liable pursuant to Subsection F of this section may demand that the seller of the vehicle rescind the transaction if the vehicle purchased can be delivered back to the

seller in substantially the same condition as it was in when delivered to the purchaser. Upon a recission and redelivery pursuant to this subsection, the purchaser shall be entitled only to the return of any money paid for the vehicle, excluding interest, and the return of any vehicle trade-in or, if the vehicle trade-in cannot be returned for any reason, the value actually given for the trade-in, excluding any overallowance given for financing purposes.".

8. Reletter the succeeding subsection accordingly.

Respectfully submitted,

_________________________________

Michael S. Sanchez, Chairman

Adopted_______________________ Not Adopted______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 4 For 3 Against

Yes: 4

No: Lopez, McSorley, Tsosie

Excused: Aragon

Absent: None

H0032JU1 .128824.1