What must a New Mexico park disclose before I buy in?

Under NMSA 1978 §47-10-14(A), the park must disclose in a written rental agreement, before occupancy, the term and rent and 'the dollar amount of any rent increases for each of the preceding two years,' the rent due date and default day, the park rules, 'the zoning applicable to the property,' where a manager's decision can be appealed, the owner's name and address, 'all charges to the tenant other than rent,' and a statement of the resident's right to alternative dispute resolution. Both parties sign and each gets a copy (§47-10-14(B)). This is general information, not advice about a specific purchase — consider consulting a licensed attorney in New Mexico.

Can a New Mexico park require me to buy my home from a particular dealer?

Generally no. Under NMSA 1978 §47-10-11(A), the park 'shall not require, as a condition of tenancy ..., that the prospective tenant purchase a mobile home from a particular seller,' and may not give special renting preference based on the seller (§47-10-11(B)). (A narrow exception lets a new development reserve first-time site rentals for a dealer under §47-10-16.)

Can a New Mexico park screen me as a buyer?

Yes, under its normal standards. Under NMSA 1978 §47-10-12, the park may 'apply the normal park standards to prospective buyers before granting or denying tenancy,' and under §47-10-11(E) it 'shall treat all persons equally in evaluating credit or renting or leasing available space,' subject to the federal Fair Housing Act.

Buying a mobile home in New Mexico

New Mexico's Mobile Home Park Act (NMSA 1978 §§47-10-1 to 47-10-23) gives a buyer detailed written disclosure, equal treatment, and freedom from tie-in sales. The information below describes how the law generally works; anyone buying should consider consulting a licensed attorney in New Mexico.

What the statute says

Under NMSA 1978 §47-10-14(A), "the terms and conditions of a tenancy shall be adequately disclosed in writing in a rental agreement by the management to any prospective resident prior to the rental or occupancy," including the term and rent and "the dollar amount of any rent increases for each of the preceding two years," the due date, the default day, "the rules and regulations of the park then in effect," "the zoning applicable to the property," the appeal and owner addresses, "all charges to the tenant other than rent," and "a statement explaining the resident's right to request alternative dispute resolution." The agreement is signed by both parties, each getting a copy (§47-10-14(B)).

Tie-in sales are barred by §47-10-11: the park "shall not require, as a condition of tenancy ..., that the prospective tenant purchase a mobile home from a particular seller," and "shall treat all persons equally in evaluating credit or renting or leasing available space." The park may "apply the normal park standards to prospective buyers" (§47-10-12), and park rules are enforceable only if submitted for resident comment 60 days in advance and otherwise reasonable (§47-10-15).

How it works in general

A New Mexico buyer who plans to keep a home in a park is entitled, before occupancy, to a written rental agreement that lays out the rent, the prior two years' rent increases, the rules, the zoning, every charge other than rent, and the right to dispute resolution — and the park has to give the buyer a signed copy. The park can't make the purchase conditional on buying the home from a particular dealer (except a narrow first-rental rule for brand-new developments), and it has to treat all applicants equally. It may screen a buyer under its normal standards and decide whether to rent the lot, subject to fair-housing law. Reviewing the rental agreement, the rules, the disclosed charges, and the home's title are the key steps before closing.

Common scenarios

General examples New Mexico buyers commonly encounter:

A buyer wants the terms up front. The park must disclose rent, the two-year increase history, rules, zoning, and all charges (§47-10-14(A)).
A park ties a space to buying from its dealer. Tie-in sales are barred outside a new-development exception (§47-10-11, §47-10-16).
A park screens the buyer. It may apply normal standards and must treat applicants equally (§47-10-11(E), §47-10-12).

Other authorities that may apply

The Mobile Home Park Act (NMSA 1978 §§47-10-11, 47-10-12, 47-10-14, 47-10-15) governs disclosure, equal treatment, and screening; the home is titled by the Motor Vehicle Division and built to the federal HUD code, with installation overseen by the New Mexico Manufactured Housing Division. Federal lending rules and the Fair Housing Act can apply. The rental agreement, the rules, and the title are the core documents to review.