New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 61 - REAL ESTATE BROKERS
Part 24 - PROPERTY MANAGEMENT
Section 16.61.24.16 - VACATION RENTALS

Universal Citation: 16 NM Admin Code 16.61.24.16

Current through Register Vol. 35, No. 6, March 26, 2024

In addition to the provisions set forth above, the following special provisions apply only with respect to the management of vacation rentals.

A. If gross receipts taxes and/or lodgers' taxes are due, the management agreement shall specify who or what entity is responsible for collection, reporting and/or remitting of such taxes. If the taxes are to be collected from the tenant by the broker or a third party, the management agreement shall authorize the broker or third party entity to collect and remit the applicable taxes from the renter.

B. Management agreements shall disclose if the broker is using a third party advertising or reservation service (such as AirBnB, VRBO, etc.)

C. Compensation retained by or paid to third parties who engage in advertising and/or taking reservations for vacation rental properties shall not be considered to be in violation of Subsection (3) of Section 61-29-12 A NMSA 197 of the New Mexico real estate license law which prohibits real estate brokers from paying or receiving rebate, profit, compensation or commission to or from any unlicensed person.

D. If a broker uses an online travel agent or third party advertising entity which prohibits disclosure of the brokerage name and/or telephone number as registered with the commission, such displays are exempt from the disclosure requirement in Subsection B of 16.61.32.8 NMAC. In this event, the broker shall ensure that the renter receives this disclosure promptly upon completing a rental reservation.

E. The broker shall not be required to deliver a copy of the Uniform Owner-Resident Relations Act to a renter of a vacation rental.

F. A rental agreement shall also include the following:

(1) arrival and departure dates;

(2) check-in and check-out times;

(3) nightly rental rate;

(4) rental deposit;

(5) security deposit;

(6) disclosure of all fees charged to the renter (e.g. cleaning, hot tub, phone, cable internet, resort, etc.);

(7) accommodation rules (e.g. occupancy, parking, smoking, pets, noise, etc.); and

(8) cancellation policy.

G. Reports to owners. In the monthly statement to the owner, qualifying broker shall also list rental income, credit card fees, maintenance charges and amount paid in commission to the brokerage office.

H. Renter security deposits. Funds collected as a tenant security deposit shall be deposited into the property management trust account.

I. . Rental deposits. Funds collected as a rental deposit shall be deposited into the property management trust account to secure a reservation.

J. Employees of the brokerage handling short term or vacation rentals or third parties who engage only in taking reservations for short term or vacation rentals shall not be required to be licensed.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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