New Mexico FSBO paperwork checklist

1. Property-tax estimate before you accept an offer

The rule: Before accepting an offer, the seller or the seller’s broker must ask the county assessor for an estimate of the property taxes at the listed price and give the buyer a written copy. The buyer acknowledges it in writing or may waive it in writing. The assessor must respond by the next business day, and may do so through its website (NMSA 47-13-4).

Why it matters: New Mexico values can be reset at sale, so a buyer’s tax bill may differ from yours. Many FSBO guides skip this step. For Albuquerque, contact the Bernalillo County Assessor; for Rio Rancho, the Sandoval County Assessor.

2. Lead-based paint disclosure (homes built before 1978)

For most housing built before 1978, federal rules require the seller to disclose known lead-based paint and hazards, provide available reports, give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home, include the Lead Warning Statement in the contract, allow a 10-day opportunity for a lead inspection (which the buyer can waive), and keep the signed disclosure for three years.

3. Property disclosure statement

Sellers must not misrepresent or conceal known material defects. In MLS sales, the REALTOR® association’s property disclosure statement is standard practice, and buyers’ agents will expect one. We didn’t find a statute that mandates one universal state form for every owner, so ask your attorney which form fits your sale. When in doubt, disclose.

4. What New Mexico says you don’t have to disclose

New Mexico law says a seller has no duty to disclose that a death by natural causes, a homicide, suicide or other felony occurred on the property, or that an occupant had HIV/AIDS (NMSA 47-13-2). You still can’t lie if a buyer asks directly.

5. Limited-service listing agreement

If you use a flat fee MLS brokerage that won’t present offers or help through closing, New Mexico rules require you to agree to that in writing, and the brokerage must disclose it in writing to other brokers. Basic broker duties still apply, including written disclosure of known adverse material facts and advice to consult an attorney (16.61.19.8 NMAC).

6. The purchase agreement

Offers from agent-represented buyers usually come on the REALTOR® association’s purchase agreement form. Read every deadline: inspection, appraisal, financing and closing. Have a New Mexico real estate attorney review any terms you don’t understand before you sign.

7. Residential property transfer affidavit

When a deed or real estate contract for residential property is recorded, an affidavit must be filed with the county assessor within 30 days (NMSA 7-38-12.1). Your title company typically prepares or files it; confirm who is responsible.

8. Transfer tax

New Mexico doesn’t impose a state real estate transfer tax. Expect title insurance, closing, recording and payoff items instead. Your title company’s settlement statement lists them.