Skip to content
ClosingCodeClosingCode
ENES

New Mexico · NMSA 1978, §47-13-2New Mexico stigmatized property: deaths, crimes and illness the seller doesn't have to disclose

A New Mexico seller, lessor or landlord, and any agent in the transaction, has no duty to disclose – and isn't liable for not disclosing – the fact or suspicion that the property was the site of a natural death; the site of a homicide, suicide, assault, sexual assault or any other felony; or owned or occupied by a person with HIV or AIDS or another disease highly unlikely to be, or not known to be, transmitted through occupancy (NMSA 1978, §47-13-2). The rule covers buyers, tenants and lenders acquiring any legal or equitable interest (§47-13-2).

No duty to disclose (§47-13-2)

  1. 1. Death

    A natural death on the property.

  2. 2. Crime

    A homicide, suicide, assault, sexual assault or other felony.

  3. 3. Illness

    HIV, AIDS or a disease not transmitted through occupancy.

What the TC can do

  • Keep the seller's disclosure answers to physical condition questions.
  • Route direct buyer questions about the property's history to the agent and the seller.

Questions about New Mexico stigmatized property

Does a New Mexico seller have to disclose a death in the house?

No, there is no duty to disclose a natural death, or a homicide or suicide, on the property (NMSA 1978, §47-13-2).

Does the rule protect the agents too?

Yes, it covers any agent involved in the transaction (NMSA 1978, §47-13-2).

Related guides

Keep the seller's disclosure answers with the deal in ClosingCode.

Start free trial

Source: NMSA 1978, §47-13-2 (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.