A. A foreign broker may act in the capacity of a qualifying or associate broker with respect to commercial real estate located in New Mexico; provided that prior to performing any of the real estate activities of a qualifying or associate broker, the foreign broker enters into a transaction-specific written agreement with a New Mexico qualifying broker that includes, at a minimum:

(1) a description of the parties, the commercial real estate and any additional information necessary to identify the specific transaction governed by the agreement;

(2) the terms of compensation between the foreign broker and the New Mexico qualifying broker;

(3) the effective date and definitive termination date of the agreement; and

(4) a statement that the foreign broker agrees to:

(a) cooperate fully with the New Mexico qualifying broker and all associate brokers designated by the New Mexico qualifying broker;

(b) except for the foreign broker's interaction with the foreign broker's client, conduct all contact with parties, including the general public and other brokers, in association with the New Mexico qualifying broker or associate broker designated by the New Mexico qualifying broker;

(c) conduct all marketing and solicitations for business in the name of the New Mexico qualifying broker;

(d) timely furnish to the New Mexico qualifying broker copies of all documents related to the transaction that are required by the laws of New Mexico to be retained by its licensees, including without limitation, agency disclosure, offers, counteroffers, purchase and sale contracts, leases and closing statements;

(e) comply with and be bound by and subject to New Mexico law and the regulations of the commission; and

(f) submit to the jurisdiction of the courts of New Mexico with respect to the transaction and any and all claims related thereto by service of process upon the secretary of state of New Mexico and upon the appropriate official of the state, province or nation of the foreign broker's real estate licensure.

B. When a New Mexico associate broker or qualifying broker makes a referral to or receives a referral from a foreign broker for the purpose of receiving a fee, commission or any other consideration, the qualifying broker of the New Mexico brokerage and the foreign broker shall execute a written, transaction-specific referral agreement at the time of the referral.

History: Laws 2005, ch. 35, § 15; 2011, ch. 85, § 7; 2013, ch. 167, § 7; 2014, ch. 27, § 2.

The 2014 amendment, effective May 21, 2014, provided for foreign brokers acting as qualifying or associate brokers with respect to commercial real estate; in the catchline, deleted "nonresident" and added "foreign"; in Subsection A, deleted the entire former language of the subsection which provided for service of process on associate brokers and qualifying brokers who had license application addresses outside New Mexico; added a new Subsection A; in Subsection B, after "a referral from a", deleted "nonresident" and added "foreign", and after "brokerage and the", deleted "nonresident" and added "foreign".

The 2013 amendment, effective June 14, 2013, required transaction-specific referral agreements at the time of referral; in the title, deleted "Foreign brokers; nonresident licensees", and added "Nonresident brokers; consent to service; referral fees"; deleted former Subsection A, which required nonresident brokers to enter into transaction-specific contracts with New Mexico brokers prior to commencing real estate activity; and added Subsection B.