New Mexico (NM) · Open house rules

Open house rules for New Mexico agents

What New Mexico asks of an agent at the door: the broker duties disclosure and the written acknowledgement that goes with it, why the calling rules ride inside those duties, why walking a visitor through does not create buyer agency, and the records your qualifying broker has to hold.

Last reviewed September 1, 2026Every claim links to a primary source

This is not legal advice

We are software people, not lawyers. This page is a plain reading of public New Mexico sources, gathered so you can go read them yourself. Rules change, and how any rule applies to your situation is a question for your broker, your association, or an attorney licensed in New Mexico.

Give the broker duties disclosure before anything signable comes out

At a New Mexico open house you are normally there for the seller, and the visitor walking in is a prospective buyer you have no agreement with. You still owe that person the applicable set of broker duties, and the rule makes you disclose them and obtain written acknowledgement that you did. The deadline is tied to paper rather than to conversation: the disclosure has to happen before you generate or present any written document to that person that has the potential to become an express written agreement. So the broker duties disclosure goes across the table before an offer, a buyer agency agreement, or anything else signable does.

Brokers shall disclose the applicable set of broker duties owed to buyers, sellers, landlords (owners) of rental property and tenants as set forth herein, 16.61.19.8 NMAC, prior to the time the broker generates or presents any written document to that party that has the potential to become an express written agreement and obtain from that applicable party written acknowledgement that the broker has made such disclosures.
16.61.19.8 NMAC, Broker Duties; Disclosure (New Mexico Administrative Code, New Mexico Real Estate Commission) (opens the source in a new tab)

Checked at the source on September 1, 2026

Follow-up calls and texts sit inside your broker duties

New Mexico's broker duty rules do not spell out an open house specific opt-in step before you follow up with a visitor. What they do is make compliance with other applicable local, state and federal laws and regulations one of the broker duties you owe every prospective buyer. That puts the calling and texting rules governing your follow-up inside the commission's own list of duties, not only in outside law. The safe habit is to ask on the sign-in form itself for permission to call or text, and keep that answer stored with the lead.

Compliance with local, state, and federal fair housing and anti-discrimination laws, the New Mexico real estate license law and the real estate commission rules, the New Mexico Uniform Owner Resident Relations Act, and other applicable local, state, and federal laws and regulations.
16.61.19.8 NMAC, Broker Duties; Disclosure, Subsection A(2) (New Mexico Administrative Code, New Mexico Real Estate Commission) (opens the source in a new tab)

Checked at the source on September 1, 2026

Showing a visitor around does not make you their agent

In New Mexico, exclusively representing a buyer as their agent takes an express written agreement between that person and your brokerage. Buyer agency is named in the rule as one of those agreements, so walking an open house visitor through a property you are hosting for the seller does not create one. If a visitor asks you to start representing them, put the written buyer agency agreement in place first. Until then they are a prospective buyer you still owe the broker duties you disclosed at the door.

Exclusive agency: an express written agreement between a person and a brokerage wherein the brokerage agrees to exclusively represent as an agent the interests of the person in a real estate transaction. Such agreements include buyer agency, seller agency, designated agency, and subagency agreements.
16.61.19.9 NMAC, Brokerage Relationships (New Mexico Administrative Code, New Mexico Real Estate Commission) (opens the source in a new tab)

Checked at the source on September 1, 2026

Sign-in details have to be retrievable by your qualifying broker

New Mexico puts record keeping on the qualifying broker. Transaction records have to be kept for six years, and they have to be available to the Real Estate Commission at the qualifying broker's place of business or at the commission office. The rule allows those records in paper or electronic format, so keeping your sign-in list digitally is not a problem in itself. The practical consequence is retrieval: once a visitor goes on to actually transact, their details need to sit somewhere your qualifying broker can produce on request, not only on your own phone.

Maintain all transaction records for six years if not performing property management, and for the full term of the assignment if performing property management. All such records shall be available to the commission or any duly authorized commission representative at the place of business of the qualifying broker or at the commission office. Records may be in paper or electronic format.
16.61.16.9 NMAC, Qualifying Broker: Responsibilities, Subsection F (New Mexico Administrative Code, New Mexico Real Estate Commission) (opens the source in a new tab)

Checked at the source on September 1, 2026

How this page is put together

  • Every claim above carries a link to a primary source, plus the exact words from that source that support it. If a claim cannot be quoted, it is not on this page.
  • Each claim shows the date a human last opened that link and confirmed the quote still says what it says.
  • We only cover what we could source. A topic you were hoping to find may be one we have not confirmed yet, so treat this as a starting point rather than a complete list of everything New Mexico expects of you.

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