Selling vacant land in New Mexico without a real estate agent is legal and fairly common. The key is understanding the documentation required to complete a clean, defensible transaction. Below are the core documents most land sellers encounter.
If you want a broader walkthrough of the entire process, this guide on how to sell land by owner breaks down each step from pricing to closing.
Or, for a faster sale, visit our sell land in New Mexico page.
1. Proof of Ownership: The Deed
The most fundamental document is your current property deed. This proves you have the legal right to sell the land.
Warranty Deed
This is generally considered the gold standard. It guarantees that you own the property free and clear and that you will defend the buyer against future title claims.
Special Warranty Deed
Common in commercial or more sophisticated transactions. This deed warrants only against defects created during your period of ownership.
Quitclaim Deed
Often used for transfers between family members or to clear up title issues. It offers no warranties and simply transfers whatever interest you may have. Many buyers and title companies are cautious about using quitclaim deeds in arm’s-length sales.
2. New Mexico Adverse Material Facts Disclosure
New Mexico law requires sellers to disclose any adverse material facts they actually know about that could affect the value or desirability of the property.
While residential transactions use standardized disclosure forms, vacant land sellers are still expected to provide written disclosure when applicable.
Examples of items to disclose include:
- Soil instability
- Flooding history
- Environmental contamination
- Illegal dumping
- Known access or easement disputes
The “actual knowledge” standard
In New Mexico, sellers are generally required to disclose what they actually know. You are not typically obligated to hire experts to uncover hidden defects, but failing to disclose a known issue can expose you to claims of misrepresentation or fraud.
3. The Purchase Agreement
The purchase agreement is the binding contract that defines the terms of the sale. Most New Mexico land transactions use a standard form contract, though custom agreements are common for vacant land.
Key elements include:
Legal description
Not just a street address, but the full legal description from the deed (lot and block or metes and bounds).
Earnest money
Documentation of the buyer’s deposit showing intent to proceed.
Contingencies
Conditions allowing the buyer to terminate the agreement, such as financing approval, feasibility studies, or soil suitability.
4. Property Tax Information
New Mexico law requires sellers to provide buyers with specific property tax disclosures.
Estimated Property Tax Levy
Sellers must obtain a Property Tax Estimated Levy from the county assessor. This protects buyers from unexpected increases caused by New Mexico’s reassessment process after a sale, sometimes referred to as “tax lightning.”
5. Water Rights and Mineral Rights
In New Mexico, water and subsurface rights can be more valuable than the land itself.
Water rights
If water rights are included, the transfer must be clearly documented. For properties served by a well, the well permit issued by the Office of the State Engineer is typically required.
Mineral rights
New Mexico has a long history of severed estates. Your documentation should clearly state whether mineral rights are included in the sale or retained by the seller.
6. Survey and Plat Maps
While not always required to list land for sale, a boundary survey or plat map is often necessary to close the transaction.
Surveys help confirm:
- Boundary lines
- Encroachments
- Easements
- Access points
In rural New Mexico, where older descriptions may rely on outdated landmarks, modern GPS surveys are especially valuable.
7. Title Commitment
Most buyers will require a title search conducted by a title company. The resulting title commitment identifies any issues that must be resolved before closing.
Common items include:
- Recorded easements
- Outstanding liens
- Unpaid property taxes
- Restrictions affecting use
8. HOA or POA Documents
If the land is part of a subdivision, community land grant, or planned development, additional disclosures may apply.
These often include:
- Covenants, Conditions, and Restrictions (CC&Rs)
- Disclosure certificates showing dues, assessments, or violations
