New Mexico Seller's Disclosure of Property Condition

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                             This Seller's Disclosure of Property Condition is used by a seller of real property to disclose
                             to the buyer all known material or adverse facts relating to the physical condition of the
                             property that are not readily observable. This disclosure is required by law when selling a
                             residential property. It notifies any potential buyers of problems that could affect the
                             property's value or desirability. It is illegal to conceal major physical defects in the property.
                             The property owner must disclose any and all known defects, malfunctions or adverse
                             conditions that exist on the property. This document should be used by a buyer or seller of
                             residential property located in New Mexico.
             ®




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                  SELLER'S DISCLOSURE OF PROPERTY CONDITION

The information in this form is based upon the undersigned’s observation and knowledge about
the property during the period beginning on the date of his or her purchase of it on _____
[Month] ___ [Date], 20____ [Instruction: Insert the date of purchase] and ending on _____
[Month] ___ [Date], 20____ [Instruction: Insert the date of this form]


CONCERNING THE PROPERTY AT:

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
[Instruction: Insert the property address]

NOTICE TO SELLER AND PURCHASER: THIS NOTICE IS A DISCLOSURE OF ALL
SELLER'S KNOWLEDGE OF THE PHYSICAL CONDITION OF THE PROPERTY
INCLUDING DISCLOSURE TO A BUYER ALL KNOWN MATERIALS OR ADVERSE
FACTS RELATING TO THE PHYSICAL CONDITION OF THE PROPERTY THAT ARE
NOT READILY OBSERVABLE AS OF THE DATE SIGNED BY SELLER AND IS NOT A
SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY
WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S
AGENTS.

   1. The Property has the items checked below:

   [Comment: Write Yes (Y) No (N), or Unknown (U) as per applicable]


Property Items             Yes (Y)                  No (N)                Unknown (U)


Range


Oven


Microwave


Dishwasher


Trash Compactor




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Disposal


Washer/Dryer
Hookups


Window Screens


Rain Gutters


Security System


Fire Detection
Equipment


Intercom System


TV Antenna


Cable TV Wiring


Satellite Dish


Ceiling Fan(s)


Attic Fan(s


Exhaust Fan(s)


Central Heating


Wall/Window


Air Conditioning



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Plumbing System


Septic System


Public Sewer System

Patio/Decking


Outdoor Grill


Fences


Pool


Sauna


Spa


Hot Tub


Pool Equipment


Pool Heater


Automatic Lawn
Sprinkler


Fireplace(s)/Chimney
(Wood)


Fireplace(s)/Chimney
(Mock)


Gas Lines (Nat. /LP)



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Gas Fixtures


Carport


Garage Door
Opener(s)


Electronic


Control(s)


Water Heater


Gas


Electric


Water Supply


Well


Mud


Roof Type: __________________ [Instruction: Insert the type of roof, e.g., Metal, Tile, Slate]

Age: ________ (___) [Fifty (50)] years [◊ Instruction: Insert approximate age of the
property].

   2. Are you (Seller) aware of any of the above items that are not in working condition, that
      have known defects, or that are in need of repair?

   [Instruction: Choose any one as applicable] Yes (Y) ___ No (N) ___ Unknown (U) ___.

   If yes, then describe. [Instruction: Attach additional sheets if necessary]:

   ___________________________________________________________________________
   ___________________________________________________________________________



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   ___________________________________________________________________________
   _________________________________________________________________________

   3. Are you (Seller) aware of any known defects/malfunctions in any of the following?
      [Comment: Write Yes (Y) if you are aware; write No (N) if you are not aware as
      applicable.]


Property Items                    Yes (Y)                            No (N)


Interior Walls


Exterior Walls


Doors


Windows


Ceilings


Roof


Floors


Basement


Walls/Fences


Driveways


Sidewalks


Plumbing/Sewers/Septic
Electrical Systems


Lighting



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Fixtures




Other Structural Components [Comment: Describe the structural components (if any)]

______________________________________________________________________________
______________________________________________________________________________
___________________________________________________________________________

If the answer to any of the above is yes, explain. [Instruction: Attach additional sheets if
necessary]:

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________________________________________________________

   4. Are you (Seller) aware of any of the following conditions?

   [Comment: Write Yes (Y) if you are aware; write No (N) if you are not aware.]


Property Conditions               Yes (Y)                            No (N)


Active Termites


Termite or Wood Rot Damage


Previous Termite Damage


Needing Repair


Previous Termite Treatment


Previous Flooding


Improper Drainage




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Water Penetration


Located in 100-Year
Floodplain


Present Flood Insurance


Prior Structural/Roof Repair


Hazardous or Toxic Waste


Asbestos Components


Urea-formaldehyde Insulation


Radon Gas


Lead Based Paint


Aluminum Wiring


Previous Fires


Landfill, Settling, Soil


Subsurface Structure or Pits


Movement, Fault Lines




If the answer to any of the above is yes, explain. [Instruction: Attach additional sheets if
necessary]:




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______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________

   5. Are you (Seller) aware of any item, equipment, or system in or on the Property that is in
      need of repair? [Comment: Write Yes (Y) if you are aware; write No (N) if you are
      not aware.]

   If the answer is yes, explain. [Instruction: Attach additional sheets if necessary]:
   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________

   6. Are you (Seller) aware of any of the following? [Comment: Write Yes (Y) if you are
      aware; write No (N) if you are not aware as applicable.]


               Property Condition               Yes (Y)                   No (N)


               Room additions,
               structural modifications,
               or other alterations or
               repairs made without
               necessary permits or not
               in compliance with
               building codes in effect
               at that time.


               Homeowners'
               Association or
               maintenance fees or
               assessments.


               Any “common area”
               (facilities such as pools,
               tennis courts, walkways,
               or other areas) co-
               owned in undivided
               interest with others.


               Any lawsuits directly or
               indirectly affecting the


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               Property


               Any condition on the
               Property which
               materially affects the
               physical health or safety
               of an individual




If the answer to any of the above is yes, explain. [Instruction: Attach additional sheets if
necessary]:

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

SELLER’S REPRESENTATION

Seller warrants that to the best of Seller’s knowledge, the above information is complete and
accurate as of the date signed by Seller. However, this disclosure statement is not a substitute
for inspections and/or warranties.

_________________________________

[Instruction: Insert the name of seller]

_______________________________________

[Instruction: Insert the printed name of seller]

_____ [Month] ___ [Date], 20__.

BUYER’S RECEIPT AND ACKNOWLEDGEMENT

I acknowledge receipt of this Disclosure. I understand that except as stated in the Purchase
and Sale Agreement with Seller, the property is being sold in its present condition only,
without warranties of guarantees of any kind by Seller. No representations concerning the
condition of the property are being relied upon by me except as disclosed herein or stated in
the Purchase and Sale Agreement.

_________________________________

[Instruction: Insert the name of buyer]

______________________________________



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[Instruction: Insert the printed name of buyer]

_____ [Month] ___ [Date], 20__.




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Description: This Seller's Disclosure of Property Condition is used by a seller of real property to disclose to the buyer all known material or adverse facts relating to the physical condition of the property that are not readily observable. This disclosure is required by law when selling a residential property. It notifies any potential buyers of problems that could affect the property's value or desirability. It is illegal to conceal major physical defects in the property. The property owner must disclose any and all known defects, malfunctions or adverse conditions that exist on the property. This document should be used by a buyer or seller of residential property located in New Mexico.
This document is also part of a package Essential New Mexico Legal Documents 144 Documents Included