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Legal Guide7 min read

Albuquerque Home Seller Disclosure Requirements (2026)

Published October 2, 2025

New Mexico Seller's Disclosure Statement

New Mexico Statute §47-13-1 through §47-13-6 require sellers to complete a Seller's Disclosure Statement and provide it to buyers. Buyers have 5 business days after receipt to rescind.

The form covers:

  • Structural components (foundation, roof, walls, floors)
  • Plumbing, electrical, HVAC
  • Water source (municipal or well) and sewage (sewer or septic)
  • Environmental hazards (lead, asbestos, radon, underground tanks)
  • Legal matters (easements, zoning, liens, HOA)
  • Flood zone status
  • Adobe and Older Homes

    Albuquerque has many older adobe, Pueblo Revival, and territorial-style homes. Issues specific to these properties include:

  • Adobe wall moisture and crack patterns (disclose known issues)
  • Flat roof and parapet drainage systems
  • Vigas (roof beams) — check for rot or insect damage
  • Older electrical panels (Federal Pacific, Zinsco) common in 1960s–1980s homes
  • Lead Paint

    Required for pre-1978 homes. Many ABQ homes predate 1978.

    Water (Acequia Rights)

    In some rural or older parts of Bernalillo County, properties may have acequia (irrigation ditch) water rights. These are property interests and must be disclosed.

    New Mexico Transfer Tax

    New Mexico charges a minimal realty transfer tax — effectively a flat $25 fee for most residential transactions. Significantly lower than most states.

    No Attorney Requirement

    New Mexico does not require an attorney for residential closings. Title companies handle escrow.

    Download New Mexico disclosure forms and find flat fee SWMLS services.

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