Real Estate Commission FAQs
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Real Estate Commission: FAQs
Q: What are the requirements for getting a New Mexico real estate broker's license?
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- Complete 90 hours of pre-licensing education courses consisting of three 30-hour courses in Real Estate Principles and Practice, Real Estate Law, and Broker Basics, and pass the two-part real estate broker’s examination with a minimum score of 75%.
- Applicants with current broker’s licenses in other states may apply for a waiver of the Real Estate Principles and Practice and Real Estate Law courses and the national portion of the real estate broker’s examination by submitting a written request to the Commission Education Director, accompanied by a certified license history from the state or states in which the applicant is currently licensed. The remaining 30-hour Broker Basics course cannot be waived and is available only in the classroom.
- The waiver of the national portion of the examination is also extended to New Mexico associate brokers upgrading to qualifying brokers.
- Applicants with active licenses must also purchase and maintain an errors and omissions insurance policy that complies with commission rules. Please see Part 7, Fingerprinting and Arrest Record Checks, of the commission rules for details.
- Click on the following link for a more specific description of the Licensing process: Licensing Requirements
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Q: Will I be required to submit to a criminal background check when I apply for a real estate license?
Yes.
Q: Does having a criminal record disqualify me from getting a real estate license?
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- Only if the criminal record includes a felony conviction and if fewer than three years have elapsed since
completion of a sentence or probation. - The commission takes criminal records into consideration on a case-by-case basis.
- Only if the criminal record includes a felony conviction and if fewer than three years have elapsed since
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Q: Do I need to be a resident of New Mexico to get a real estate license?
No.
Q: Do I need a real estate license to buy, sell, rent, or lease my own property?
No.
Q: Do I need a real estate license to manage someone else’s property, even if the other person is a friend or relative and it’s just one house or apartment?
Yes.
Q: Is there a criminal penalty for practicing real estate without a license in New Mexico?
Yes. Effective July 1, 2011, it is a fourth-degree felony punishable by a $5,000 fine and 18 months imprisonment to practice real estate without a license.
Q: How do I file a complaint against a real estate broker?
You may file a complaint with our online form HERE.
Q: If I am a licensed real estate professional in another state, how do I qualify for a waiver of 60 hours of pre-licensure education requirements?
You must write, fax, or email the NM Real Estate Commission Education Administrator your request for the waiver. You must also attach a copy of a licensure history for the state(s) through which you are licensed currently, and any states for which you were previously licensed. If it is determined that you meet the qualifications for a waiver, you will be sent a waiver letter.
You must attach that signed waiver letter to your application for the exam. You must take 30 hours of the Broker Basics class and show proof you took that class. If you communicate by fax or regular mail, please include your email address in order to facilitate our communication with you.
Please click on the following link for a full outline of the process. Pre-licensing Education Waiver
Q: Does the State of New Mexico have Recognized Licensure status with other states? (Reciprocal Licensing Agreements)
New Mexico currently has such agreements with only three other states: Georgia, Louisiana, and Massachusetts. Historically, New Mexico had several such agreements. However, in recent times other states have chosen not to have these agreements in order to maintain adherence to changing licensing requirements in their respective states. License applicants currently licensed by state or jurisdiction with which the New Mexico Real Estate Commission has a written recognition agreement are not required to take any of the prescribed pre-licensing courses or take either portion of the broker’s examination to be eligible to apply for a New Mexico broker’s license. Click here for the License Recognition Agreement Application and Information.
Q: Who do I talk to about a dispute with my landlord?
The Real Estate Commission doesn’t have jurisdiction over landlord-tenant disputes. Most of these disputes have to be settled in court. However, the Commission may have limited jurisdiction if there is a real estate broker involved in the transaction.
Q: Do I need to have a real estate license to auction off real property?
The Attorney General of the State of New Mexico has opined on this question and is of the opinion that an auctioneer would have to have a New Mexico real estate license to transact real estate sales of real property in New Mexico.