New Mexico Adverse Material Facts Disclosure Statement

Sellers in New Mexico are required to disclose any known adverse material facts about a property prior to a buyer making an offer. The disclosure should be based on seller's actual knowledge - not what a seller should have known. Should they become aware of new information after completing it, they must promptly update the disclosure.

New Mexico case law has established that sellers can be held liable for fraudulent nondisclosure if they are aware of a defect or condition that materially affects the value or desirability of the property and fail to inform the buyer. 

How Can I Get a Copy of the "New Mexico Adverse Material Facts Disclosure Statement" form?

We will provide you a copy of any New Mexico disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Are There Any Exemptions to Providing the Disclosure?

Yes, please see below for the most current list:

1. Transfer of property under a court order or foreclosure sale
2. Transfer of property by a trustee in bankruptcy
3. Transfer of property to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest
4. Transfer of property by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure
5. Transfer of property by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust
6. Transfer of property from one co-owner to another co-owner of an undivided interest in the real property
7. Transfer of only a mineral interest or leasehold interest  

Return to New Mexico Real Estate Disclosure Requirements