N.M. Stat. § 61-24D-4
Pre-inspection agreement; report; disclaimer; no waiver
of duty.
A. A home inspector shall enter into a pre- inspection agreement with a client prior
to commencement of a home inspection. The written pre-inspection agreement shall
include, in all capital letters, the following statement: "THE HOME INSPECTOR WILL
NOT DETERMINE AND THE REPORT PROVIDED UPON COMPLETION OF THE
HOME INSPECTION WILL NOT CONTAIN A DETERMINATION OF WHETHER THE
HOME OR COMPONENTS AND/OR SYSTEMS OF THE HOME THAT HAVE BEEN
INSPECTED CONFORM TO LOCAL OR STATE BUILDING CODE
REQUIREMENTS.".
B. A home inspector shall provide a client with a report of the home inspection by
the date set forth in the pre-inspection agreement. If the pre-inspection agreement does
not set forth a date by which the report shall be provided to the client, the home
inspector shall provide the report to the client no later than five days after the home
inspection was performed.
C. The report shall contain the following statement: "THE HOME INSPECTOR DID
NOT DETERMINE AND THIS REPORT DOES NOT CONTAIN A DETERMINATION
OF WHETHER THE HOME OR COMPONENTS AND/OR SYSTEMS OF THE HOME
THAT HAVE BEEN INSPECTED CONFORM TO LOCAL OR STATE BUILDING CODE
REQUIREMENTS.".
D. Contractual provisions that purport to waive any duty owed pursuant to the Home
Inspector Licensing Act or accompanying rules as prescribed by the board or that limit
the liability of the home inspector to an amount less than the professional liability
insurance minimum coverage per claim as prescribed by the board are invalid.