NMAR Form 1110 - Adverse Material Facts Disclosure Statement (New Mexico Association of REALTORS); a private trade-association form, NOT a state-mandated statutory form. There is no official state-issued "seller disclosure form" required by New Mexico law. — New Mexico Real Estate Disclosure Act, NMSA 1978, Sections 47-13-1 through 47-13-4 (Chapter 47, Article 13, Property Law). Note: the statute's actual mandatory disclosure (Section 47-13-4) is a property TAX estimate disclosure, not a general defect-disclosure law.
New Mexico is functionally a "caveat emptor" (buyer beware) state for general property condition disclosure - this is accurate, not invented. Contrary to what many real-estate blogs imply, New Mexico's actual statute (the Real Estate Disclosure Act, NMSA Sections 47-13-1 to -4) does NOT impose a general legal duty on home sellers to disclose material defects such as roof, plumbing, HVAC, or foundation issues. The only affirmative disclosure the statute mandates is a property TAX ESTIMATE: before accepting an offer, the seller or seller's broker must request from the county assessor a written estimate of the property tax levy calculated at the listing price and give that estimate to the prospective buyer (Section 47-13-4, enacted 2009, effective July 1, 2009). Sellers/brokers who comply are statutorily immune from suit over that estimate. Separately, Sections 47-13-2 and 47-13-3 affirmatively state sellers have NO duty to disclose, and cannot be sued for failing to disclose, stigmatized-property facts (deaths, murders, suicides, felonies, or a prior occupant's HIV/AIDS status), and non-disclosure of those facts is not grounds to rescind a sale. Despite no statutory defect-disclosure mandate, sellers are not free to lie: common-law fraud, negligent misrepresentation, and active-concealment claims remain available to buyers, and licensed real estate brokers have an independent duty under Real Estate Commission licensing rules to disclose known adverse material facts. In practice, nearly all NM home sales use the New Mexico Association of REALTORS (NMAR) Form 1110, "Adverse Material Facts Disclosure Statement," which is a private industry-standard form (most recently updated March 17, 2026) requiring sellers to disclose facts within their actual knowledge that would affect a property's value or desirability - but using this form is a matter of REALTOR/contract custom and MLS/brokerage practice, not a statutory requirement, since FSBO (for-sale-by-owner) sellers are not legally compelled to use it.
No amendments to the Real Estate Disclosure Act (NMSA Chapter 47, Article 13) were identified in the 2024, 2025, or 2026 New Mexico legislative sessions; the core statutory text (Sections 47-13-1 through 47-13-4) traces to enactment with the property-tax disclosure provision added/effective July 1, 2009, and has not been substantively changed since based on current statutory compilations (2024/2025 NMSA annotations). The most current "moving part" is not statutory but the private NMAR Form 1110 (Adverse Material Facts Disclosure Statement), which NMAR updated and re-released on March 17, 2026, along with its companion forms; a 2026-dated version of Form 1110 is in circulation. The 2026 NM legislative session (adjourned sine die in February 2026) saw NM REALTORS advocacy on property tax assessment transparency and opposition to real estate transfer taxes, but no enacted bill amending the Article 13 disclosure statute was found.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.