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Home » US Law » 2021 New Mexico Statutes » Chapter 47 - Property Law » Article 7D - Condominium Act - Protection of Condominium Purchasers

Section 47-7D-1 – Requirement for disclosure statement.

A. Except as provided in Subsection B of this section, Sections 53 through 72 of the Condominium Act apply to all units restricted to residential use subject to that act [47-7A-1 through 47-7D-20 NMSA 1978]. B. Neither a disclosure statement nor a resale certificate need be prepared or delivered in the case of: (1) a […]

Section 47-7D-10 – Escrow of deposits.

Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a disclosure statement pursuant to Subsection C of Section 54 [47-7D-2 NMSA 1978] of the Condominium Act shall be placed in escrow and held either in this state or in the state where the unit is […]

Section 47-7D-11 – Release of liens.

A. In the case of a sale of a unit where delivery of a disclosure statement is required pursuant to Subsection C of Section 54 [47-7D-2 NMSA 1978] of the Condominium Act, a seller shall, before conveying a unit, record or furnish to the purchaser releases of all liens affecting that unit and its common […]

Section 47-7D-12 – Conversion buildings.

A. A declarant of a condominium containing conversion buildings and any person in the business of selling real estate for his own account who intends to offer units in such a condominium shall give each of the residential tenants and residential subtenants in possession of a portion of a conversion building notice of the conversion […]

Section 47-7D-18 – Labeling of promotional material.

If any improvement contemplated in a condominium is labeled “NEED NOT BE BUILT” on a plat or plan or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material shall be displayed or delivered to prospective purchasers which describes or portrays […]

Section 47-7D-19 – Declarant’s obligation to complete and restore.

A. The declarant shall complete all improvements labeled “MUST BE BUILT” on plats or plans prepared pursuant to Section 21 [47-7B-9 NMSA 1978] of the Condominium Act. B. The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the […]

Section 47-7D-2 – Liability for disclosure statement requirements.

A. Except as provided in Subsection B of this section, prior to the offering of any interest in a unit to the public, a declarant shall prepare a disclosure statement conforming to the requirements of Sections 55 through 58 [47-7D-3 to 47-7D-6 NMSA 1978] of the Condominium Act. B. A declarant may transfer responsibility for […]

Section 47-7D-20 – Substantial completion of units.

In case of a sale of a unit where delivery of a disclosure statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion pursuant to Section […]

Section 47-7D-3 – Disclosure statement; general provisions.

A. Except as provided in Subsection B of this section, a disclosure statement must contain or fully and accurately disclose: (1) the name and principal address of the declarant and of the condominium; (2) a general description of the condominium, including to the extent possible the types, number and declarant’s schedule of commencement and completion […]

Section 47-7D-4 – Condominiums subject to development rights.

If the declaration provides that a condominium is subject to any development rights, the disclosure statement shall disclose, in addition to the information required by Section 55 [47-7D-3 NMSA 1978] of the Condominium Act: A. the maximum number of units and the maximum number of units per acre that may be created; B. a statement […]

Section 47-7D-5 – Time shares.

If the declaration provides that ownership or occupancy of any units is or may be in time shares, the disclosure statement shall disclose, in addition to the information required by Section 55 [47-7D-3 NMSA 1978] of the Condominium Act: A. a description of the time share interest that may be created; B. the number and […]

Section 47-7D-6 – Condominiums containing conversion buildings.

A. The disclosure statement of a condominium containing any conversion building shall contain, in addition to the information required by Section 54 [55] [47-7D-3 NMSA 1978] of the Condominium Act: (1) a statement by the declarant, based on a report prepared by a licensed architect or engineer, describing the present condition of all structural components […]

Section 47-7D-7 – Condominium securities.

If an interest in a condominium is currently registered with the securities and exchange commission of the United States, a declarant satisfies all requirements relating to the preparation of a disclosure statement of the Condominium Act if he delivers to the purchaser a copy of the prospectus approved by the securities and exchange commission. History: […]

Section 47-7D-8 – Purchaser’s right to cancel.

A. A person required to deliver a disclosure statement pursuant to Subsection C of Section 54 [47-7D-2 NMSA 1978] of the Condominium Act shall provide a purchaser of a unit with a copy of the disclosure statement and all amendments thereto before conveyance of that unit and not later than the date of any contract […]

Section 47-7D-9 – Resales of units.

A. Except in the case of a sale where delivery of a disclosure statement is required, or unless exempt under Subsection B of Section 53 [47-7D-1 NMSA 1978] of the Condominium Act, a unit owner shall furnish to a purchaser before conveyance a copy of the declaration, other than the plats and plans, the bylaws, […]