New Mexico Real Estate Disclosure Requirements

Below are the primary disclosure requirements when selling property in New Mexico. Click the links below to learn more about each one and how to obtain the correct forms.

1. New Mexico Adverse Material Facts Disclosure Statement  - Residential
2. New Mexico Property Disclosure Statement - Commercial
3. New Mexico Public Improvement District Disclosure
4. New Mexico Tax Levy Disclosure

For Both Sales and Rentals (if built before 1978)

• Federal Lead-Based Paint Disclosures and Pamphlet (if built before 1978) 
• New Mexico Lead-Based Paint Renovation, Repair and Painting, Program Disclosure

You May Also Need to Complete One or More of These Disclosures:

1. Federal Real Estate Disclosures
2. New Mexico HOA Document and Disclosure Certificate Request 
3. New Mexico Condominium Resale Certificate
4. New Mexico Seller's Disclosure of Manufactured, Modular Homes, and Other Off-Site Construction
5. New Mexico Tenant’s Consent To Photograph/Videograph and/or Hold an Open House

What if I Am Selling the Home "As Is"?

Selling "As Is" is meant to indicate that you are not doing any repairs. It is not used as a way to avoid disclosing material defects that would not be discovered by the buyer.

What is a Material Fact?

Any fact that could affect a reasonable person’s decision to buy, sell, or lease is considered a material fact and must be disclosed to the parties in the transaction and any interested third parties. A broker is required by law to disclose to each prospective buyer any material fact about a property of which broker is aware or should reasonably be aware, even if the seller chooses not to disclose or makes no representation concerning the matter.

Include Your Disclosures on Your MLS Listing

When you list your home on the MLS with homecoin.com for a one-time flat fee, we will upload your disclosures directly in your MLS listing, so you can easily comply with New Mexico law. Learn more about our flat fee MLS service here: https://homecoin.com/flat-fee-mls/new-mexico.

Return to Forms and Disclosures