Commission Disbursement Authorization (CDA) — New Mexico Edition Template

The Commission Disbursement Authorization is the short document that makes agents' money move. Signed by the broker (or an authorized manager), the CDA instructs the closing agent — title company, escrow officer, or closing attorney — how to disburse the brokerage's commission at closing: how much to the brokerage, and how much directly to the agent per their split. Because license law in every state requires commissions to be paid to the broker (not directly to a salesperson except as the broker directs), the CDA functions as the broker's written payment direction that lets closing agents cut agent checks at the table without violating that rule.

This 2-page template includes: transaction identification (property, closing date, file number, buyer/seller); the brokerage's total commission due with the calculation basis (percentage of sales price or flat fee); itemized disbursement instructions (brokerage company dollar, agent split, team member splits, outstanding fee deductions, referral fees payable to outside brokers); wiring/delivery instructions with payee details; the broker's authorization signature with license number; and a hold-harmless provision for the closing agent relying on the instruction. A second page provides a multi-agent/team split table for deals with multiple participating licensees.

Operationally, CDAs reduce E&O exposure by eliminating verbal disbursement instructions and creating an audit trail that matches the brokerage's commission ledger — important in states that audit trust-account and commission records. The included notes flag states where direct-to-agent disbursement at closing is restricted or where commission checks must pass through the brokerage first, in which case the CDA still documents the internal split instruction. Simple document, big operational value.

About this New Mexico Edition: New Mexico licenses only associate brokers and qualifying brokers, so every form names the brokerage (acting through its qualifying broker) as the contracting party and routes all compensation through the qualifying broker, consistent with the Real Estate License Law (NMSA 1978 § 61-29-1 et seq.) and the NMREC rules at 16.61 NMAC. The brokerage-relationship forms are built around 16.61.19 NMAC: transaction broker is the default, seller/buyer agency arises only by written agreement after a written Broker Duties disclosure, and dual agency requires prior written consent of both parties — hence the "Dual Agency Disclosure & Consent" title and the removal of the master template's designated-agency alternative. Because New Mexico has no statutory seller-disclosure form, the condition disclosure is drafted as a voluntary actual-knowledge statement anchored to the broker's 16.61.19 NMAC duty to disclose adverse material facts, with New Mexico-specific sections on wells, septic, acequia/water rights, flat roofs, and HOA/tax-levy attachments. Electronic execution cites the New Mexico UETA (NMSA 1978 § 14-16-1 et seq.); the statute of frauds, broker-lien absence, and community-property spousal signatures are phrased generally.