Received more information late last night from Ashley Strauss-Martin on working with buyers under the Governor's newest orders. Please see Ashley's statement below.
Brokers are not charged with enforcing the Order. If a broker does not feel comfortable working with someone who just came into the state, then certainly they don't have to do so. Even if the broker is fine with working with someone who just came into the state, the broker should advise the buyer of the Order (best to actually provide a copy, (link below) so as not to misinform the buyer and to get the buyer's acknowledgment of receipt of the Order). If the buyer chooses to view properties anyway, then the broker should inform the listing broker in writing that the buyer is from out-of-state and has not quarantined, so that the listing broker can inform his/her seller. If the seller does not wish to have the buyer in the home in light of the fact they haven't quarantined, then the buyer will have to be informed of this. If the seller will allow the buyer in the home, the brokers may wish to have the seller sign the Hold Harmless Agreement (Form 1501).
New Mexico Association of Realtors®
549 S. Guadalupe
Santa Fe, NM 87501
Phone: (505) 821-1583
Fax: (505) 797-7720