N.M. Stat. Ann. § 14-16-3
Scope.
Operative Text
14-16-3. Scope.
A. Except as otherwise provided in Subsection B of this section, the Uniform
Electronic Transactions Act applies to electronic records and electronic signatures
relating to a transaction.
B. The Uniform Electronic Transactions Act does not apply to:
(1) a transaction to the extent it is governed by:
(a) a law governing the creation and execution of wills, codicils or
testamentary trusts;
(b) the Uniform Commercial Code [Chapter 55 NMSA 1978], other than
Chapter 55, Articles 2 and 2A NMSA 1978; or
(c) court orders, notices or official court documents, including briefs,
pleadings and other records, required to be executed in connection with court
proceedings;
(2) a notice concerning:
(a) the cancellation or termination of utility services, including water, gas, heat
or power services;
(b) default, acceleration, repossession, foreclosure, eviction or the right to
cure, under a credit agreement secured by or a rental agreement for a primary
residence of an individual; or
(c) the cancellation or termination of health insurance or benefits or life
insurance or benefits, but not including annuities; or
(3) any document required to accompany any transportation or handling of
hazardous materials, pesticides or other toxic or dangerous materials.
C. The Uniform Electronic Transactions Act applies to an electronic record or
electronic signature otherwise excluded from the application of that act under
Subsection B of this section to the extent it is governed by a law other than those
specified in Subsection B of this section.
D. A transaction subject to the Uniform Electronic Transactions Act is also subject to
other applicable substantive law.
History: Laws 2001, ch. 131, § 3; 2007, ch. 323, § 27; 2013, ch. 137, § 1.NMSA 14-16-3 establishes the scope of New Mexico's Uniform Electronic Transactions Act (UETA), which generally recognizes electronic records and signatures as valid in transactions. However, the Act carves out important exceptions: it does not apply to wills, most provisions of the Uniform Commercial Code, court documents, or certain critical notices—including notices of eviction, default, foreclosure, or the termination of utility services for a primary residence. This means that for those excluded categories, electronic records and signatures do not automatically carry the same legal weight they would under UETA.
Plain English — not legal advice.
Under NMSA 14-16-3, landlords who rely on electronic records and signatures for routine lease agreements and communications generally operate within UETA's framework, which validates those electronic documents. However, compliant operators take care to ensure that specific notices—particularly those involving eviction, default, or the right to cure under a rental agreement for a primary residence—are delivered in a manner that satisfies applicable law outside of UETA, since such notices are explicitly excluded from the Act's scope. Property managers typically review their notice procedures to confirm that the format and delivery method for these critical communications meet all other applicable legal requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 14-16-3 is relevant to tenants because it limits when electronic notices are legally sufficient under New Mexico's UETA. Specifically, notices concerning eviction, default, acceleration, or the right to cure under a rental agreement for a primary residence fall outside UETA's scope, meaning a landlord cannot rely solely on UETA to validate such notices in electronic form. Tenants who receive electronic versions of these critical notices may have grounds to question their legal sufficiency, and tenant-rights organizations or legal aid services can help evaluate whether a specific notice complied with all applicable requirements beyond UETA.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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