New Mexico · NMSA 1978, §47-7D-9New Mexico condo resale certificate: documents, ten working days and the seven-day exit
When a New Mexico condominium unit is resold – not a developer sale that needs a disclosure statement, and not an exempt transfer – the unit owner furnishes the buyer, before conveyance, the declaration (without plats and plans), the bylaws, the association's rules and a resale certificate from the association (NMSA 1978, §47-7D-9(A)). The certificate states any right of first refusal or other restraint on resale; the monthly assessment and any unpaid assessments due; other fees; capital expenditures expected this year and the next two; reserves; the latest balance sheet and income statement; the current budget; unsatisfied judgments against the association; the insurance for unit owners; and any leasehold term (§47-7D-9(A)(1)–(10)). The association furnishes the certificate within ten working days after the owner's request, and the owner isn't liable for errors in it (§47-7D-9(B)). The buyer isn't liable for unpaid assessments or fees above the certificate amount, and the purchase contract is voidable by the buyer until the certificate is provided and for seven days after, or until conveyance if that comes first (§47-7D-9(C)).
The rules
1. Documents (§47-7D-9(A))
Declaration, bylaws, rules and the resale certificate before conveyance.
2. Association (§47-7D-9(B))
Ten working days after the owner's request.
3. Buyer's cap (§47-7D-9(C))
No liability for unpaid assessments above the certificate amount.
4. Exit (§47-7D-9(C))
Contract voidable until seven days after the certificate, or conveyance.
What the TC can do
- Request the resale certificate as soon as the contract is signed – ten working days.
- Record the date the buyer receives it; the seven-day window runs from then.
- Check whether the community is a condominium (Condominium Act) or an HOA (Homeowner Association Act) – the rules differ.
Questions about New Mexico condo resales
How long can a New Mexico condo buyer cancel after the resale certificate?
The purchase contract is voidable until the certificate is provided and for seven days after, or until conveyance if earlier (NMSA 1978, §47-7D-9(C)).
How long does a New Mexico condo association have to provide the resale certificate?
Ten working days after receiving the unit owner's request (NMSA 1978, §47-7D-9(B)).
Related guides
Track the resale certificate request and the buyer's seven-day window as tasks in ClosingCode.
Start free trialSource: NMSA 1978, §47-7D-9 (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.