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New Mexico · NMSA 1978, §§61-29-10.1, 61-29-10.2New Mexico brokerage relationships: agency only in writing, and the duties list first

Since January 1, 2000, no agency relationship between a buyer, seller, landlord or tenant and a New Mexico brokerage exists unless they agree to it in writing; no agency may be assumed, created orally or by implication (NMSA 1978, §61-29-10.1(A)). A brokerage may serve a client under a written agreement that creates no agency, or a customer without any written agreement and without agency duties (§61-29-10.1(B)–(C)). Before a licensee generates or presents any written document that could become an express written agreement, the licensee gives the prospective buyer, seller, landlord or tenant a list of the licensee's duties as set by the Real Estate Commission (§61-29-10.2(A)).

The rules

  1. 1. Agency (§61-29-10.1(A))

    Only by written agreement; never assumed, oral or implied.

  2. 2. Without agency (§61-29-10.1(B)–(C))

    Clients by written non-agency agreement; customers without one.

  3. 3. Duties list (§61-29-10.2(A))

    Before any document that could become a written agreement.

What the TC can do

  • Store the signed duties list in the deal file before the offer.
  • Check that the brokerage agreement states whether it creates agency.
  • Note in the deal which side each licensee represents.

Questions about New Mexico brokerage relationships

Is a New Mexico broker my agent without a written agreement?

No, agency exists only by written agreement (NMSA 1978, §61-29-10.1(A)).

When does a New Mexico licensee give the list of duties?

Before generating or presenting any written document that could become an express written agreement (NMSA 1978, §61-29-10.2(A)).

Related guides

Keep the duties list and the brokerage agreement with the deal in ClosingCode.

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Source: NMSA 1978, §§61-29-10.1 and 61-29-10.2 (New Mexico Statutes Annotated 1978 at nmonesource.com, read October 28, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.