NEW MEXICO REAL ESTATE COMMISSION
NMREC CASE # 09-07-07-065
The Real Estate Commission initiated an investigation based on a formal written complaint from the reporting party
herein referred to as complainant. The accused associate broker herein referred to as respondent broker, provided a
written response to the allegations as presented below. The complainant claims the respondent broker listed his property
for sale without his permission.
The complainant contends that the associate broker contacted him via telephone in the fall of 2008. The respondent
broker provided his verbal resume on the phone and attempted to solicit a listing from the complainant in regards to
a ranch property owned by the complainant. The complainant was not interested in selling his property and
instructed the respondent broker of his desire to keep his property.
The respondent broker contacted the complainant again in March of 2009 in attempts to secure the listing of the
property in question. The complainant once again informed the respondent broker that he was not interested in
selling his property. The respondent broker decided to continue his marketing techniques by sending an e-mail to
the complainant in attempts to secure the listing of the property. The complainant noticed the respondent broker
was utilizing pictures that clearly show unknown individuals trespassing on the complainant’s property. The
complainant questioned the respondent broker about the pictures and tried to determine why the respondent broker
was trespassing on his property. The respondent broker never answered the complainants request for additional
In July 2009, the complainant was contacted by a friend of his who found his property for sale on “Lands of
America.” The respondent broker had now listed the property for sale and was utilizing the pictures of people
trespassing on the property as part of the advertisement. The complainant never signed a listing agreement with the
respondent broker and was not trying to sell the property.
The respondent broker filed a brief response to the allegations. He claims that he has leasing rights to the property
which entitles him to unlimited access to the property. He was not able to provide a copy of this leasing agreement
which he claims provides him the right to utilize the property at his own discretion. This investigator specifically
requested a copy of the listing agreement from the respondent broker during a phone interview. The respondent
broker could not provide a listing agreement and stated that he did not have one available. The advertised listing of
the property was printed and copied prior to the phone conversation and filing of this complaint. It clearly indicates
the respondent broker was listing the property for sale when he clearly did not have the permission to do so. After
phone contact was made with the respondent broker and the complaint was officially filed, the respondent broker
removed the listing from the internet.
A phone interview with the qualifying broker indicates the qualifying broker had no knowledge of the listing at the
time the respondent broker advertised it on the internet. The qualifying broker did not become aware of the
incident and allegations until the official complaint was filed through the New Mexico Real Estate Commission.
BROKER “B” 09-07-07-065 Valdez
Based on the facts and evidence presented in this case there is a preponderance of evidence to support a violation in
regards to New Mexico Real Estate License Law.
61-29-12. Refusal, suspension or revocation of license for
causes enumerated. (Repealed effective July 1,
A. The commission may refuse to issue a license or may suspend, revoke,
limit or condition a license if the applicant or licensee has by false or
fraudulent representations obtained a license or, in performing or attempting
to perform any of the actions specified in Chapter 61, Article 29 NMSA 1978,
an applicant or licensee has:
(1) made a substantial misrepresentation;
(2) pursued a continued and flagrant course of misrepresentation; made
false promises through agents, salespersons, advertising or otherwise; or used
any trade name or insignia of membership in any real estate organization of
which the licensee is not a member;
(10) violated a provision of Chapter 61, Article 29 NMSA 1978 or a rule
promulgated by the commission;
(11) committed an act, whether of the same or different character from
that specified in this subsection, that is related to dealings as a qualifying
broker or an associate broker and that constitutes or demonstrates bad faith,
incompetency, untrustworthiness, impropriety, fraud, dishonesty, negligence
or any unlawful act; or
An associate broker shall:
D. not engage in any real estate activities for himself/herself outside the
knowledge of the qualifying broker with whom he/she is affiliated;
126.96.36.199. Broker Duties; Disclosure.
Prior to the time an associate broker or qualifying broker generates or
presents any written document that has the potential to become an express
written agreement, the associate broker or qualifying broker shall disclose in
61 REAL ESTATE BROKERS 188.8.131.52
writing to their prospective, buyer, seller, landlord or tenant, the following list
of broker duties that are owed to customers and clients by all brokers:
A. honesty and reasonable care as set forth in the provisions of this section;
B. 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, and other applicable local, state, and federal laws and
Refer to 184.108.40.206.
[1-1-2000; 220.127.116.11 NMAC - Rn, 16 NMAC 61.32.7, 1-1-2002]
E. All real estate advertising shall be a true and factual representation of
the property and/or real estate services being advertised. If the qualifications,
credentials, staffing or sales history of the brokerage are included in the
brokerage’s advertising, such information shall be presented in such a manner
that will not confuse or mislead the public.
F. All advertising must be in compliance with all local, state and federal
laws and regulations.
G. All real estate advertising of real property for others or advertising of
real estate services shall be under the direct supervision of the qualifying
broker or the broker in charge.
H. These requirements apply to all forms of advertising, including but not
limited to print, audio and video, including audio and video recordings,
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computer presentations, and electronic media, such as the internet, e-mail,
virtual office websites, and all broker web sites.
Walter Mullen, Chief Investigator Date ____________________
New Mexico Real Estate Commission
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