New Mexico Lease Provisions Relating to Brokers

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Multi-State
Control #:
US-OL29A07
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Description

This office lease provision states that the landlord and tenant each warrant and represent to the other party that there was no broker, finder or similar person, other than those listed, entitled to a commission, fee or other compensation, instrumental in consummating the lease. It also states that no conversations or prior negotiations were had by the landlord or tenant, respectively, or anyone acting on behalf of the landlord or the tenant, respectively, with any broker, finder or similar person, other than those listed, concerning the renting of the demised premises.

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FAQ

The legal requirements placed upon home sellers with regard to disclosures are laid out in New Mexico Statutes § 47-13 et seq., also known as the Real Estate Disclosure Act. Sellers are expected to provide buyers with a written disclosure of all material defects in their property about which they have actual knowledge.

Because the management agreement is a personal services contract, the qualifying broker must have the property owner's written consent to assign the contract to another brokerage. If there is no assignment of contract, the qualifying broker receiving the contract must execute a new management agreement.

In an REC, the buyer generally pays the seller a portion of the sales price up-front and then agrees to make payments on the remaining balance over the time period prescribed in the REC.

The answer is only residential properties. Most seller property disclosures are required for only residential properties.

The New Mexico Real Estate Brokers Act provides that ?prior to the time a licensee generates or presents any written document that has the potential to become an express written agreement, the licensee shall give to a prospective buyer, seller, landlord, or tenant a list of the licensee's duties that are in ance ...

Here are some of the common types of disclosures sellers might be required to make to a prospective buyer. Property Repair History. ... Damage, Hazards And Faulty Systems. ... Death In The Home. ... HOA Governance. ... Liens On The Property. ... Items That Stay With The House Or Don't. ... Property Line Disputes. ... Nearby Nuisances.

States with Specific Requirements In California, sellers must reveal if a death in the home has occurred anytime in the past three years, including death by natural causes (although certain types of deaths, like those from AIDS, cannot be disclosed).

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New Mexico Lease Provisions Relating to Brokers