Selling a dead or junk car in Las Cruces

The 72-hour rule

Section 18-37 bans parking, storing or leaving "any motor vehicle of any kind which is in an abandoned or wrecked or dismantled or inoperative or partially dismantled condition" on "any private or public property within the city for a period of time in excess of 72 hours." Whether someone is watching over the car does not matter; the section says "whether attended or not."

Past that point the car, or its parts, is "declared a public nuisance". Parts that have been "reconstructed or converted for practical use" are the one carve-out. The rule skips a car in "an enclosed area and out of public view on private property". It also skips a car kept by a city-licensed business working in the proper zone.

What the words mean here

The definitions in section 18-36 do much of the work:

• Inoperable is "any motor vehicle incapable of operation upon any street or highway in compliance with the laws of this jurisdiction." That reaches past mechanical trouble to a car that cannot be driven legally.
• Abandoned is a vehicle that "does not display a current license plate or valid police sticker" and is left unattended for more than 72 consecutive hours.
• Dismantled means taken apart "to any degree which renders it inoperable."
• Wrecked means disabled or "in a state of ruin or dilapidation".

The motor vehicle definition is wide too, listing golf carts, go-carts, tractors, recreational vehicles and motor homes.

Who has to move it

Las Cruces Section 18-40 splits the job only after "proper notice and opportunity to be heard." On private land, the car's owner and whoever owns or lives on the land must haul it, "either or all of them." On public property, the car's owner or an agent must do it. When the city does the work, the private property owner or occupant pays, or the car's owner if it was left on public land.

Do not move the problem next door

Section 19-45, the littering rule, makes it unlawful "to place, or cause to be placed any junk motor vehicle" on property you do not own, lease, rent or otherwise control. Parking a dead car on a vacant lot down the street is not a fix.

When someone else's car is on your land

Section 27-12-12-19 gives a property owner a way out. An abandoned car can go to a state-licensed dismantler once you tell a law enforcement agency and get written clearance. This works if the car is a total wreck or good only for dismantling, is "at least eight years of age or older," or has gone unclaimed in a storage or wrecker yard for 30 days.

If the car is newer, or it will be driven again or sold to someone who is not a licensed dismantler, you need the lien process and a fresh certificate of title. Anyone holding the car may not charge more than 50 cents a day for storage unless licensed as a storage yard, and must notify owners and lienholders within 30 days. See car abandoned on your property.

The MVD office and the sale

New Mexico's Motor Vehicle Division handles titles. The Las Cruces field office we found sits at 308 Wyatt Drive, about 2 miles southeast of downtown on a map. MVD answers at 1-888-683-4636. There may be other offices in Doña Ana County, and private MVD partners and city offices handle titles too.

As the seller, you assign the title on its back and attest to the odometer reading. When the assignment is not filled out or runs out of space, two private parties can finish the transfer with the Bill of Sale (MVD-10009). The MVD's seller steps name no notary. The Las Cruces buyer then has 90 days to put in for a title. After that, a 50% penalty is added to the excise tax.

Private individuals may make casual sales of their own titled vehicles, up to four a calendar year. Clearing a fleet of family cars is a different matter.

Plate and sold notice

The plate stays with you. Take the plate off when you sell. Las Cruces sellers then have 30 days. The plate either goes back to MVD to be destroyed or onto another car of the same class. Las Cruces sellers mail form MVD-10048, the "Notice of Vehicle Sold", to Santa Fe, NM 87504-1028: Motor Vehicle Division, P.O. Box 1028, Attn: Sold Unit. On it you list the VIN, the plate, the date of sale and the odometer reading. You also note if the plate was removed and give names and addresses for buyer and seller.

Getting an offer

Selling a car in Las Cruces? Call (877) 421-6008 or use our offer form. Our driver can load it at a rental house, from a side yard looking out at the Organ Mountains or from the shop that has it. Alamogordo is 61.6 miles away; for statewide rules, see New Mexico.