When the commission makes any payment from the real estate recovery fund to a judgment creditor, the commission shall be subrogated to all rights of the judgment creditor for the amounts paid out of the fund and any amount and interest so recovered by the commission shall be deposited in the fund. The commission may, pursuant to the provisions of the Uniform Licensing Act [61-1-1 NMSA 1978], revoke, suspend or refuse to renew the license of any qualifying broker or associate broker for whom payment from the fund has been made in accordance with the provisions of the Real Estate Recovery Fund Act [61-29-20 to 61-29-29 NMSA 1978]. Further, the commission may refuse to issue or renew the license of any person for whom payment from the real estate recovery fund has been made, until that person reimburses the fund for all payments made on that person's behalf.
History: Laws 1980, ch. 82, § 8; 1987, ch. 90, § 10; 2005, ch. 35, § 19.
The 2005 amendment, effective January 1, 2006, provides that of the real estate commission pays a judgment against a qualifying broker or an associate broker from the real estate recovery fund, the real estate commission may revoke, suspend or refuse to renew the license of the qualifying or associate broker.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 29 - Real Estate Brokers and Salesmen
Section 61-29-1 - Prohibition.
Section 61-29-1.1 - Recompiled.
Section 61-29-2 - Definitions and exceptions.
Section 61-29-3 - Criminal offender's character evaluation.
Section 61-29-4 - Creation of commission; powers and duties.
Section 61-29-4.3 - Regulation and licensing department; administratively attached.
Section 61-29-5 - Organization of commission.
Section 61-29-5.1 - Recompiled.
Section 61-29-6 - Meeting of the commission.
Section 61-29-7 - Reimbursement and expenses.
Section 61-29-8 - License fees; disposition.
Section 61-29-9 - Qualifications for license.
Section 61-29-10 - Application for license and examination.
Section 61-29-10.1 - Brokerage relationships; creation.
Section 61-29-10.2 - Licensee's duties; disclosure.
Section 61-29-10.3 - Repealed.
Section 61-29-11 - Issuance, renewal and surrender of licenses.
Section 61-29-12 - Refusal, suspension or revocation of license for causes enumerated.
Section 61-29-13 - Provision for hearing before suspension or revocation of license.
Section 61-29-15 - Maintenance of list of licensees.
Section 61-29-16 - Suit by qualifying or associate broker.
Section 61-29-16.1 - Foreign brokers; consent to service; referral fees.
Section 61-29-16.2 - Nonresident licensees; consent to service.
Section 61-29-17 - Penalty; injunctive relief.
Section 61-29-17.1 - Recompiled.
Section 61-29-17.2 - Unlicensed activity; civil penalty; administrative costs.
Section 61-29-18 - Interpretation of act.
Section 61-29-19.1 - Real estate education and training fund created; purpose; appropriation.
Section 61-29-20 - Short title.
Section 61-29-21 - Fund created.
Section 61-29-22 - Additional fees.
Section 61-29-24 - Commission; compromise.
Section 61-29-25 - Commission finding.
Section 61-29-26 - Insufficient funds.