N.M. Stat. Ann. § 47-10-12
Selling fees prohibited.
Operative Text
47-10-12. Selling fees prohibited.
The owner of a mobile home park or his agent shall not require payment of any type
of selling fee or transfer fee by either a tenant in the park wishing to sell his mobile
home to another party or by any party wishing to buy a mobile home from a tenant in
the park as a condition of tenancy in a mobile home park for the prospective buyer. This
section shall in no way prevent the owner of a mobile home park or his agent from
applying the normal park standards to prospective buyers before granting or denying
tenancy or from charging a reasonable selling fee or transfer fee for services actually
performed and agreed to in writing by the tenant. Nothing in this section shall be
construed to affect the rent charged.
History: Laws 1983, ch. 122, § 12.Under New Mexico's Mobile Home Park Act, Section 47-10-12, mobile home park owners and their agents are prohibited from requiring sellers or buyers to pay selling or transfer fees as a condition of the prospective buyer obtaining tenancy. However, the law carves out two exceptions: park owners may still apply their standard tenancy criteria to evaluate prospective buyers, and they may charge a selling or transfer fee if it reflects services actually performed and is agreed to in writing by the tenant. The provision also makes clear that it does not affect the rent a park owner may charge.
Plain English — not legal advice.
Under NMSA § 47-10-12, compliant mobile home park operators do not impose selling or transfer fees as a blanket condition of tenancy for incoming buyers. Operators who wish to charge any such fee ensure that it corresponds to services actually rendered, document those services, and obtain the tenant's written agreement before collecting payment. Park owners may still screen prospective buyers using their standard park criteria when evaluating tenancy applications.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-10-12 of the Mobile Home Park Act gives tenants and prospective buyers the right to be free from mandatory selling or transfer fees imposed as a condition of tenancy, unless the fee covers real services and was agreed to in writing. If a park owner or agent demands such a fee without a written agreement tied to actual services, that demand may constitute a violation of this provision. Tenants who believe this rule has been violated can document the fee demand, consult a tenant-rights organization familiar with New Mexico mobile home park law, or explore filing a complaint with the appropriate state or local authority.
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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