N.M. Stat. § 61-29-10.1
Brokerage relationships; creation.
A. For all regulated real estate transactions first executed on or after January 1,
2000, no agency relationship between a buyer, seller, landlord or tenant and a
brokerage shall exist unless the buyer, seller, landlord or tenant and the brokerage
agree, in writing, to the agency relationship. No type of agency relationship may be
assumed by a buyer, seller, landlord, tenant or licensee, or created orally or by
implication.
B. A brokerage may provide real estate services to a client pursuant to an express
written agreement that does not create an agency relationship and no agency duties will
be imposed on the brokerage.
C. A brokerage may provide real estate services to a customer without entering into
an express written agreement and without creating an agency relationship and no
agency duties will be imposed on the brokerage.
D. The commission shall promulgate rules governing the rights of clients or
customers and the rights, responsibilities and duties of a brokerage in those brokerage
relationships that are subject to the jurisdiction of the commission.