A. No cause of action shall arise against a seller, lessor or landlord of real property, including a participant in an exchange of real property and any agents involved in such a transaction for failure to disclose to any person who, by voluntary or involuntary transfer, acquires a legal or equitable interest in the real property, including any leasehold interest or security interest for an obligation, in any action at law or in equity because of the failure to disclose that the real property was or is suspected to have been the site of the incidents described in Section 2 [47-13-2 NMSA 1978] of the Real Estate Disclosure Act or was owned, occupied or suspected of being occupied by persons exposed to, infected with or diagnosed to be suffering from the diseases described in Section 2 of that act.
B. The failure to make a disclosure of any of the facts or suspicions as set forth in Section 2 of the Real Estate Disclosure Act shall not be deemed to be grounds for termination or rescission of any sale, lease, exchange or any transaction in which an interest in the real property has been or will be conveyed to another.
History: Laws 1991, ch. 74, ยง 3.
Structure 2021 New Mexico Statutes
Article 13 - Real Estate Disclosure
Section 47-13-1 - Short title.
Section 47-13-1.1 - Definitions.
Section 47-13-2 - Disclosure of information not required in real estate transactions.
Section 47-13-3 - Cause of action, termination or rescission.
Section 47-13-4 - Finding; disclosure of information required in certain real estate transactions.
Section 47-13-5 - Disclosure of certain distributed energy generation systems.