Key Takeaways

  • New Mexico requires brokers to provide the Broker Duties Disclosure and Acknowledgement Form to all consumers
  • The disclosure must be provided before generating or presenting any written document that could become an agreement
  • Three brokerage relationship types are available: Transaction Broker, Exclusive Agency, and Dual Agency
  • Brokers must obtain written acknowledgement from parties that disclosures have been made
  • All brokers owe certain duties to ALL parties in a transaction, regardless of representation
Last updated: January 2026

Broker Duties Disclosure Requirements

New Mexico has specific requirements for broker disclosure under NMAC 16.61.19.8 (Broker Duties; Disclosure).

Purpose of Broker Duties Disclosure

New Mexico law requires brokers to:

  1. Disclose broker duties owed to buyers, sellers, landlords, and tenants
  2. Explain brokerage relationship options available in New Mexico
  3. Obtain written acknowledgement that disclosures were made

Key Point: The disclosure must be made before the broker generates or presents any written document that could become an express written agreement.

When to Provide Disclosure

The Broker Duties Disclosure must be provided:

TimingRequirement
Before any written documentThat has potential to become an express written agreement
Before confidential informationIs exchanged or discussed
At first substantive contactWith buyer, seller, landlord, or tenant

Timing Examples

SituationWhen to Provide
Listing presentationBefore presenting listing agreement
Buyer inquiryBefore discussing needs or showing property
Lease negotiationBefore presenting lease agreement
Property managementBefore management agreement

Written Acknowledgement Required

Brokers must obtain written acknowledgement from the applicable party that:

  • Broker duties have been disclosed
  • Brokerage relationship options have been explained

Important: The acknowledgement must be written. Verbal acknowledgement is not sufficient.

Broker Duties Disclosure Form

The NMREC provides the official Broker Duties Disclosure and Acknowledgement Form which must be used for compliance.

Brokerage Relationship Options in New Mexico

New Mexico recognizes three types of brokerage relationships:

1. Transaction Broker

A transaction broker is a qualifying broker, associate broker, or brokerage that:

  • Provides real estate services
  • Does NOT enter into an agency relationship
  • Owes limited duties to all parties
FeatureTransaction Broker
Agency relationshipNone
LoyaltyNeutral to all parties
AdvocacyLimited - facilitates transaction
ConfidentialityLimited

2. Exclusive Agency

An exclusive agent represents:

  • One party only (buyer OR seller, landlord OR tenant)
  • Owes full fiduciary duties to that party
  • Cannot represent the other party in the same transaction
FeatureExclusive Agency
Agency relationshipYes - one party
LoyaltyFull loyalty to client
AdvocacyFull advocacy for client
ConfidentialityFull protection of client information

3. Dual Agency

Dual agency occurs when:

  • One broker represents both buyer and seller in the same transaction
  • Requires written consent from both parties
  • Broker becomes a neutral facilitator
FeatureDual Agency
Agency relationshipYes - both parties
LoyaltyNeutral - cannot favor either
AdvocacyLimited - cannot advocate for either
ConfidentialityCannot disclose one party's position to the other

Comparison Table

RelationshipRepresentsLoyaltyConsent Required
Transaction BrokerNeitherNeutralDisclosure only
Exclusive AgencyOne partyFullWritten agreement
Dual AgencyBoth partiesNeutralWritten consent both
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New Mexico Brokerage Relationship Options
Test Your Knowledge

When must a New Mexico broker provide the Broker Duties Disclosure?

A
B
C
D
Test Your Knowledge

Which brokerage relationship in New Mexico involves NO agency relationship?

A
B
C
D