2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 29 - Real Estate Brokers and Salesmen › Section 61-29-1 - Prohibition.

It is unlawful for a person to engage in the business or act in the capacity of real estate associate broker or qualifying broker within New Mexico without a license issued by the commission. A person who engages in the business or acts in the capacity of an associate broker or a qualifying broker in New Mexico, except as otherwise provided in Section 61-29-2 NMSA 1978, with or without a New Mexico real estate broker's license, has thereby submitted to the jurisdiction of the state and to the administrative jurisdiction of the commission and is subject to all penalties and remedies available for a violation of any provision of Chapter 61, Article 29 NMSA 1978.
History:
1953 Comp., § 67-24-19, enacted by Laws 1959, ch. 226, § 1; 1965, ch. 304, § 1; 2001, ch. 163, § 1; 2005, ch. 35, § 1; 2013, ch. 167, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, clarified the prohibited activities; in the first sentence, after "engage in the business", added "or", and after "act in the capacity of", deleted "advertise or display in any manner or otherwise assume to engage in the business of, or act as an", added "real estate" and in the second sentence, after "with or without a New Mexico" added "real estate broker's".
The 2005 amendment,
effective January 1, 2006, prohibits a person from engaging in business or acting as an associate broker or a qualifying broker without a license.
The 2001 amendment,
effective July 1, 2001, substituted "a person to engage" for "any person, business association or corporation to engage"; deleted "real estate" preceding "broker"; deleted "New Mexico real estate" preceding "commission"; and added the last sentence of the subsection.
Brokerage can encompass sale of interest in real estate contract.
— Commission had jurisdiction over real estate broker's sale of an interest in a real estate contract since broker was a real estate broker as defined in Section 61-29-2A(4) NMSA 1978 and represented himself as such and acted in that capacity.
Elliott v. N.M. Real Estate Comm'n
, 1985-NMSC-078, 103 N.M. 273, 705 P.2d 679.
Payment of a finder's fee to an unlicensed real estate broker prohibited.
— Where a Chapter 7 trustee filed a motion to sell debtors' house, and where the terms of the proposed sale included a proposed finder's fee for creditor, an unlicensed real estate broker who introduced the buyers of the house to the trustee, the proposed finder's fee was prohibited by this section, because the creditor, as an unlicensed broker in New Mexico, may not collect a finder's fee or any other compensation from the sale of real estate.
In re Waggoner
, 605 B.R. 222 (Bankr. D. N.M. 2019).
Generally, as to advertisements violating section.
— It is a violation of this section for a person, business firm or corporation to advertise the disposition of real estate using the terms "Real Estate Agency," "Realty," "Agency" or "Broker" without first being licensed as a real estate broker as is defined in Section 61-29-2 NMSA 1978. It is not really important whether or not the person, business firm or corporation doing the advertising uses the terms "Real Estate Agency," "Realty," "Agency" or "Broker." The real question is: have they advertised themselves as offering a service which comes within the definition of a real estate broker and a real estate salesman? 1966 Op. Att'y Gen. No. 66-16.
A person who auctions the real estate of another person for compensation is acting as an associate or qualifying broker.
— The Real Estate Brokers and Salesmen Act (act), 61-29-1 to 61-29-29 NMSA 1978, specifically lists auctioning or the offer to auction real estate, when performed for another and for compensation, as conduct that brings one within the definition of associate broker and qualifying broker, and therefore a person who auctions or offers for auction the real estate of another person for compensation is acting as an associate or qualifying broker under the act and must possess a broker's license issued by the New Mexico real estate commission, regardless of whether the auctioneer is hired by the seller or by a licensed broker.
Necessity of a Real Estate Broker's License to Auction Real Estate
(5/24/16), Att'y Gen. Adv. Ltr. 2016-05.
Rule governing advertisements applies to advertisements of real estate auctions.
— The New Mexico real estate commission has adopted a rule governing real estate advertising that requires all real estate advertising be a true and factual representation of the property and real estate services being advertised, and because auctioning or offering for auction the real estate of another for compensation is a real estate service that requires a broker's license, it follows that advertisements regarding the sale of real estate by auction comes under this rule.
Necessity of a Real Estate Broker's License to Auction Real Estate
(5/24/16), Att'y Gen. Adv. Ltr. 2016-05.
Law reviews.
— For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
For 1984-88 survey of New Mexico administrative law, 19 N.M.L. Rev. 575 (1990).
For annual survey of New Mexico Law of Property, see 20 N.M.L. Rev. 373 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Brokers §§ 6 to 12.
Validity of statute or ordinance requiring real estate brokers to procure license, 39 A.L.R.2d 606.
Application of state antitrust laws to activities or practices of real estate agents or associations, 22 A.L.R.4th 103.
Attorney's right to act as real estate broker without having been licensed as such, 23 A.L.R.4th 230.
Right to private action under state statutes or regulations governing real estate brokers or salesmen, 28 A.L.R.4th 199.
Real estate brokers: statute or regulation forbidding use of prizes, gifts, or premiums as inducement to secure customers, 62 A.L.R.4th 1044.
Broker's liability for fraud or misrepresentation concerning development or nondevelopment of nearby property, 71 A.L.R.4th 511.
Liability of vendor or real-estate broker for failure to disclose information concerning off-site conditions affecting value of property, 41 A.L.R.5th 157.
12 C.J.S. Brokers §§ 14, 18.