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This document outlines the duties of brokers according to New Mexico law. Brokers must disclose their responsibilities before engaging in transactions, ensuring honesty, compliance with laws, and professional conduct. They must manage potential conflicts of interest, disclose adverse material facts, and maintain confidentiality. Additionally, brokers are required to actively assist in the transaction, provide expert advice when necessary, and promptly account for all received property or funds.
This document is crucial for understanding the legal and ethical obligations brokers owe to all parties in real estate transactions. Please review it carefully for details on broker duties and disclosures.
In New Mexico, REALTORS® typically operate as transaction brokers rather than agents. Learn More
This Exclusive Right to Sell Listing Agreement outlines the broker’s duties (honesty, legal compliance, confidentiality, and disclosure of conflicts), grants the broker exclusive rights to market and sell the property, and specifies seller obligations (providing accurate property information, allowing showings, and responding to offers). Key terms include compensation structures for the broker, protection periods for post-agreement sales, handling of unrepresented buyers, and required legal disclosures (e.g., lead-based paint, HOA rules). The agreement also emphasizes compliance with anti-discrimination laws, mediation/arbitration for disputes, and warnings against wire fraud. Sellers must review and initial key sections to acknowledge understanding.
This agreement outlines the terms of the relationship between the buyer and broker, including whether the broker will represent the buyer for all properties or only specific identified properties. It specifies the compensation that is earned and due, including when and how it will be paid, and defines the term of the agreement, along with provisions for early termination. Additionally, it covers other important terms such as dispute resolution and confidentiality.
Buyers should review this agreement carefully when entering into a relationship with their broker to fully understand their rights and obligations.
Please Note: This form—creating a written buyer-brokerage relationship—is now required before touring properties (as of August 2024).
This document outlines key points about brokerage compensation in real estate transactions. Buyers typically enter into a Buyer Brokerage Agreement, which specifies the compensation they agree to pay their broker. The seller or listing brokerage may also contribute to the buyer’s broker compensation, but this is not guaranteed and must be negotiated. Buyers should carefully review and understand their Buyer Brokerage Agreement before signing, as it is a legally binding contract. Multiple agreements for the same property or time period should be avoided to prevent potential liability for paying multiple brokerages.
This document from the U.S. Department of Housing and Urban Development (HUD) emphasizes the importance of getting a home inspection before purchasing a property. A home inspection provides detailed information about the home's condition, helping buyers make informed decisions. Buyers should arrange and pay for the inspection themselves, as FHA does not conduct inspections or guarantee the home's value or condition. The document also highlights the difference between an appraisal and a home inspection, recommends radon gas testing, and suggests checking for other health and safety issues like mold or lead paint.
The TRID rules (TILA-RESPA Integrated Disclosures) mandate that all U.S. lenders use standardized, federally approved forms—the Loan Estimate (LE) and Closing Disclosure (CD)—to ensure transparency and consistency in mortgage transactions.
Loan Estimate (LE): A standardized form lenders must provide within 3 business days of a mortgage application. It details the loan terms (e.g., interest rate, monthly payments), estimated closing costs, and fee tolerances, helping borrowers compare offers.
(See also: Loan Estimate Explainer)
Closing Disclosure (CD): A standardized form provided at least 3 days before closing. It finalizes the loan terms, exact closing costs, and any changes from the LE, ensuring transparency and compliance with federal rules (TRID).
(See also: Closing Disclosure Explainer)
The TRID framework empowers borrowers with clear, consistent information and holds lenders accountable for transparency. Borrowers should compare their LE and CD carefully, and consult with their lender for clarification.
This document outlines the requirements for providing prospective buyers in New Mexico with an estimated property tax levy for a residential property they are considering purchasing. The seller or seller's broker must request this estimate from the county assessor and buyer's broker must provide it to the buyer before submitting an offer. The estimate is based on the listed price and includes a disclaimer noting that actual taxes may differ. Buyers can waive this disclosure in writing. Sellers and brokers who comply with these requirements are immune from liability related to the estimated tax levy.
Sellers use NMAR Form 1110 to disclose any Adverse Material Facts they have actual knowledge of regarding the property. This includes defects or conditions that could affect the property's value or desirability. The form covers various aspects such as structural issues, flooding, environmental hazards, and mechanical systems. Sellers are not required to investigate unknown issues but must update the form if they become aware of new problems before closing. The disclosure helps buyers make informed decisions while protecting sellers from potential liability for non-disclosure.
The New Mexico Purchase Agreement for residential resale (Form 2104) is a legally binding document that outlines the terms and conditions under which a buyer agrees to purchase a home from a seller. It details the buyer's rights, obligations, contingencies, and deadlines throughout the transaction process. Understanding this agreement is crucial to ensure a smooth real estate transaction.
When buying or selling a home, certain forms may be required to complete your transaction depending on specific property details. These forms provide important purchase agreement contingencies, such as: protection from potential lead-based paint (for properties built before 1978), terms for transferring leased solar systems, and a review period for HOA documentation, etc. Each of these contingencies will ensure that essential aspects of the sale are addressed to protect your interests. In the section linked below, you’ll find sample forms for commonly required contingency addenda, disclosures and information sheets helping you understand how they function and when they might be necessary.
The Counteroffer form allows the buyer or seller to propose changes to the terms of the purchase agreement at the pre-mutual (offer) stage. It is used when one party is interested in negotiating aspects such as price, closing date, or any other terms, while still expressing intent to continue with the transaction. The form outlines the specific changes being proposed, and the other party can either accept, reject, or counter the changes.
This process helps both parties negotiate the best possible terms for the transaction while maintaining clarity and structure in the negotiation process. If a counteroffer is accepted, it becomes part of the final purchase agreement.
An initial title commitment is a document issued by a title company shortly after offer acceptance that outlines the property's ownership history, any existing liens, easements, or restrictions, and the conditions required for issuing title insurance. Its primary purpose is to ensure the buyer receives a clear title, free of legal issues that could affect ownership. Buyers should review it carefully within the "Title Review" period established in the purchase agreement. The title company uses the standardized "ALTA Commitment for Title Insurance" form, established by the American Land Title Association (ALTA) to ensure consistency and clarity in title commitments across transactions.
A home inspection is a crucial step in the home-buying process, as it provides an in-depth assessment of the property's condition. During an inspection, a qualified inspector examines the home's major systems, including the structure, roof, electrical, plumbing, heating, and cooling. The inspector then provides a detailed report outlining any existing or potential issues, along with recommendations for repairs or further evaluation.
The inspection takes place after an offer is accepted and most importantly, before the "Inspection Objection Deadline" established in the purchase agreement. This information empowers buyers to make informed decisions and potentially renegotiate with the seller to address necessary repairs ("Objections"). By investing in a home inspection, buyers can gain valuable insights into the property's true condition and avoid costly surprises down the road.
A sample inspection report is provided, demonstrating the structure and key components of the inspection report. (Source: HomeGauge.com)
This form allows a buyer to formally object to issues identified during inspection period, or document review (e.g. title commitment, seller's disclosure, etc.) in a real estate transaction. It outlines the process for submitting objections to the seller and requesting repairs or other cures.
This form can be thought of as a "Buyer's Wish List." It is not an agreement but a negotiation tool, requiring a separate Resolution Addendum if the buyer and seller reach a consensus. Buyers are encouraged to review this form carefully, especially to understand how objections can impact their ability to proceed with the transaction or obtain financing.
This form is used by the seller or buyer to respond to objections raised during a real estate transaction. It allows either party to propose how they will address the buyer’s concerns. However, it is not a binding agreement; any resolutions reached must be formalized through a separate Resolution Addendum. Buyers and sellers should carefully review this form, as it can affect the final terms of the purchase and potentially impact financing.
This agreement between the buyer and seller is used to resolve objections raised during the property purchase process. It outlines key terms such as required repairs, potential price adjustments, and any seller credits that may be applied toward closing costs. Buyers are advised to consult with their lender regarding any disallowed credits, as changes made in this addendum could impact loan approval, or financing terms. Clear communication and prompt resolution of these objections help ensure a smoother transaction.
The "Price Modification/Seller Credits Addendum" is a form used to modify the purchase price or adjust seller credits in a real estate transaction. Buyers and sellers can agree to a new purchase price or specify any credits the seller will provide to help cover the buyer’s closing costs. This addendum ensures that any changes are documented and will override conflicting terms in the original agreement. If the buyer is financing the purchase and the lender disallows some of the seller credits, this addendum outlines whether the purchase price will be adjusted accordingly.
The General Addendum is a form used to make changes or amendments to the original purchase agreement. It allows buyers and sellers to agree on modifications to terms of the contract for items that aren't specifically covered in a unique form. This form can be used for various amendments, such as crediting buyer for pre-paid expenses, recording changes to personal property that will convey, or any other specific changes to the terms of the purchase agreement.
The addendum is legally binding once signed by both parties and takes precedence over any conflicting terms in the original agreement. It helps ensure that both parties are on the same page regarding any changes to the deal.
Transferring utilities before closing ensures a smooth move-in without interruptions in essential services like electricity, water, and gas. It prevents unexpected delays or extra fees from service reactivations. Scheduling the transfer ahead of time helps avoid gaps in coverage, ensuring the home is ready on day one.
See Also: NMAR Form 2350 - TRID Information Sheet
Note: Lenders must provide this form to buyers within three business days of applying for a loan.
A Loan Estimate is a document provided by lenders that outlines the key details of a mortgage loan, including the loan amount, interest rate, monthly payments, and closing costs. It helps buyers compare different loan offers and understand the financial commitment before they make a decision.
The Closing Disclosure provides a detailed breakdown of your loan terms, monthly payments, and closing costs. It includes your loan amount, interest rate, estimated total monthly payment, and any escrow details for taxes and insurance. The document also outlines the total closing costs, the cash needed to close, and a summary of payments made by both the buyer and seller. Reviewing this form ensures you understand the final terms before completing your home purchase.
Note: Lenders must provide this form to buyers no later than three days before closing.
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