Conspicuousness Requirements

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What language in lease agreements must be conspicuous?

Statutes

"An exclusion or modification of implied warranties of merchantability or fitness in a lease of goods must be in writing and conspicuous. NMSA §55-2A-214.

This also applies to a contract for a lease of goods that is actually an installment sale. NMSA §55-2-316"

Cases

Comments

Generally, any lease provision that is disfavored by the law, or otherwise potentially difficult to enforce, such as a provision exculpating a lessor from liability to the lessee, should be conspicuous. See, e.g., Berlangieri v. Running Elk Corp’n, 2003-NMSC-024, ¶ 36, 134 N.M. 341, 76 P.2d 1098 (analyzing whether exculpatory provision was sufficiently conspicuous).

Contributors

Andrew Simons, Noe Astorga-Corral and Alison K. Goodwin
Sutin, Thayer & Browne

The statutory information was edited and reviewed with the support of MultiState

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