New Mexico Real Estate Purchase Agreement
The real estate purchase agreement in New Mexico is a legally binding document that connects the seller of a residential property with a potential buyer. Within this agreement, the buyer specifies their monetary offer and terms, along with the closing date for the offer. The seller can negotiate, accept, or decline the offer until closing. Additionally, if the sale includes items like furniture, appliances, or utilities, the agreement should explicitly cover these.
Use our free downloadable New Mexico Real Estate Purchase Agreement template to ensure you adhere to state laws.
Legal Aspects
The New Mexico Real Estate Purchase Agreement specifies details such as:
- The purchase price
- The closing date
- Contingencies
- Other crucial aspects of the sale
Writing Requirement (when it becomes legal)
- Party Identification: Initially, the New Mexico real estate contract identifies the buyer and the seller, including their legal names, addresses, and relevant contact information.
- Description Of Property: The contract describes the property or goods being sold, including specifications, quantities, and other relevant details that accurately define the subject of the transaction.
- Purchase Price: All New Mexico purchase agreements clearly state the total amount to be paid by the buyer to the seller for the property or goods.
- Payment Terms: This section specifies how and when the buyer will pay the seller, including details on down payments, installment payments, or any other agreed-upon payment schedule.
- Closing Date: The closing date marks the official transfer of ownership from the seller to the buyer.
- Conditions of Sale: The agreement should specify any necessary conditions.
- Representations and Warranties: The buyer and the seller may make certain representations and warranties in the agreement.
- Closing Costs: The allocation of closing costs, such as taxes, fees, and other expenses, is usually addressed in the contract.
- Contingencies: The agreement may include contingency clauses that allow cancellation under specific conditions.
- Signatures: No New Mexico Real Estate Purchase Agreement is considered complete until the buyer and the seller sign it.
Required Disclosures
Lead-Based Paint Disclosure:
- Homes constructed before 1978 must include a disclosure about lead presence on the premises.
- Educational materials explaining the risks associated with lead exposure should also be provided.
Seller’s Property Disclosure:
- Sellers can use a provided form to notify buyers of any structural or environmental issues related to the property.
- While not mandated by the state, this disclosure helps ensure the buyer knows the property’s condition.
Estimated Property Tax Levy Disclosure:
- Sellers must request the estimated property tax levy from the county assessor.
- The listed price serves as the property value for tax estimation.
- The prospective buyer should receive a copy of the assessor’s response.