Sell in Santa Fe with Meydomo

Material Defect Disclosure (No Standard Form)

New Mexico does not have a law requiring a specific seller disclosure form for property condition. However, under New Mexico case law and the Realtors’ code of ethics, sellers must disclose **known material defects** or adverse facts about the property’s condition that are not obvious to the buyer. Failing to do so can lead to claims of misrepresentation. In practice, virtually all sellers working with real estate agents in NM complete a Property Disclosure Statement provided by NM REALTORS®. This form, while not mandated by statute, covers the home’s systems, structural components, environmental conditions (like known leaks, roof issues, termites, etc.). Additionally, New Mexico requires brokers (agents) to disclose any material facts they know (or should know) about a property to all parties. Some specific disclosures: if a property has ever been used as a meth lab, that must be disclosed; and if the property is subject to mandatory membership in a homeowners association, the HOA’s information and dues must be disclosed. New Mexico is largely a caveat emptor state with these exceptions, so buyers are expected to do inspections. But outright fraud or concealment by sellers is actionable.

• N.M. Stat. §47-13-2:contentReference[oaicite:161]{index=161}
• N.M. Admin. Code 16.61.19.8

MLS Policies (SWMLS and others)

New Mexico’s largest MLS is SWMLS (Southwest MLS) in Albuquerque. A listing agreement is required. Clear Cooperation (1 business day rule) is enforced. SWMLS requires at least one exterior photo and accurate listing data. It’s common for NM listing agents to state “Seller has never lived in the property and has limited knowledge” if it’s true (like for estate sales) to set expectations. But that does not waive the duty to disclose known issues. The MLS often has a document section where a seller’s voluntary disclosure form is uploaded for buyer agents. Fair housing principles are enforced; though in NM one doesn’t often see overt bad phrases, the MLS will remove any that slip by. Notably, NM being a comparably dry climate, things like roof leaks or foundation cracks must be disclosed if known – MLS remarks sometimes highlight “new TPO roof in 2020” as a selling point but if roof leaks existed, that should be on the disclosure form. The MLS might fine for mis-categorizing a property (like listing a 2-bedroom as a 3-bedroom by counting a den) if it misleads buyers. Agents are expected to correct any errors once the seller’s disclosure form or inspections reveal them.

• SWMLS Rules & Regulations

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act, sellers (and their agents) must not publish any advertisement for the listing that expresses a discriminatory preference based on protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). For example, statements such as 'no children' or other exclusions in home listings are unlawful.

• 42 U.S.C. §3604(c)