Disclosure Statement.
Prior to selling, leasing or otherwise conveying any land in a subdivision, the applicant shall disclose in writing such information as required by NMSA 1978 section 47-6-8 and the Board to permit the prospective purchaser, lessee or other person acquiring an interest in subdivided land to make an informed decision about the purchase, lease or other conveyance of land. It is unlawful to sell, lease or otherwise convey land in a subdivision until:
The required disclosure statement has been filed with the county clerk, the Board and the attorney general’s office; and
The prospective purchaser, lessee or other person acquiring an interest in the subdivided land has been given a copy of the disclosure statement.
Substitute Disclosure.
Any applicant who has satisfied the disclosure requirement of the Interstate Land Sales Full Disclosure Act may submit his approved statement of record in lieu of the disclosure statement required by the New Mexico Subdivision Act. However, any information required in the New Mexico Subdivision Act and not covered in the applicant’s statement of record shall be attached to the statement of record.
Final Plat to Purchaser.
A copy of the final plat shall be provided to every purchaser, lessee or other person acquiring an interest in the subdivided land prior to sale, lease or other conveyance.
Additional Statutory Conditions.
Pursuant to NMSA 1978 section 47-6-8, it is unlawful to sell, lease or otherwise convey land within a subdivision before the following conditions have been met:
The final plat has been approved by the Board and has been filed with the Santa Fe County Clerk. Where a subdivision lies in more than one county, the final plat shall be approved by the board of county commissioners of each county in which the subdivision is located and shall be filed with the county clerk of each county in which the subdivision is located;
The applicant has furnished the Board a sample copy of his sales contracts, leases and any other documents that will be used to convey an interest in the subdivided land; and
All corners of all parcels and blocks within a subdivision have been permanently marked with metal stakes in the ground and a reference stake placed beside one corner of each parcel.
