If you are a college athlete in New Mexico and your agent has cheated you or failed to do what they promised, you have legal options. New Mexico’s Uniform Athlete Agents Act (NMSA §§ 61-14F-1 through 61-14F-19) gives student athletes real protections, including the power to void contracts, cancel deals within 14 days, and hold agents accountable through criminal and administrative penalties.
The NIL era has opened up legitimate earning potential for athletes at UNM, NMSU, and schools across the state. However, it has also attracted agents who are unlicensed, unqualified, or operating in their own interest rather than yours. A 2021 Ernst & Young report found that professional athletes reported nearly $600 million in fraud losses to agents between 2004 and 2019. That was before NIL deals existed. The pool of vulnerable athletes is now much larger, and most of them are 18 to 22 years old.
This guide explains what the law requires of athlete agents in New Mexico, how to spot violations, and what to do step by step if your agent has wronged you.
Does Your Athlete Agent Need to Be Registered in New Mexico?
Yes. Under § 61-14F-4, no individual may act as an athlete agent in New Mexico without holding a certificate of registration. This applies to anyone who negotiates professional contracts or endorsement deals on your behalf, including NIL representation. The definition of “agency contract” in the Act covers endorsement contracts, which means NIL agents must register.
Registration is handled by the New Mexico Secretary of State, Business Services Division. There is one narrow exception: if you (the athlete) initiate contact with someone and they have not yet registered, they may act on your behalf for all purposes except signing a contract, so long as they submit a registration application within seven days. But if they sign a contract with the athlete while unregistered, that contract is automatically void and they must return every dollar you paid them. If the unregistered agent refuses to return the money you paid them, this would be unlawful and unethical.
There is no publicly searchable online database of registered agents in New Mexico, however, the agent should be able to produce verification of registration if requested by the athlete. If your agent cannot produce a current certificate of registration, that is a serious red flag.
What Does New Mexico Law Require in an Athlete Agent Contract?
Section 61-14F-10 sets out specific requirements for every agency contract in New Mexico. If your contract is missing any of these, it may be voidable, meaning you can cancel it and owe nothing:
- The contract must be in writing and signed by both you and the agent
- It must state the amount and method of calculating the agent’s compensation
- It must name any other person being compensated through the deal who is not listed on the agent’s registration
- It must describe any expenses you are expected to reimburse
- It must describe the services the agent will provide
- It must state the duration of the contract and the date it was signed
- It must include a conspicuous, boldface warning about potential loss of eligibility, the 72-hour notification requirement, and your 14-day right to cancel
That last requirement is the most consumer-facing protection in the law. The warning must appear right next to your signature in bold capital letters. If it is missing, buried in fine print, or worded differently than the statute requires, the contract is voidable. You can walk away and owe nothing, and you keep anything the agent gave you as an inducement.
Can I Cancel My Athlete Agent Contract in New Mexico? The 14-Day Rule
Yes. Under § 61-14F-12, you have an absolute right to cancel any agency contract within 14 days of signing. This right cannot be waived, bargained away, or overridden by anything in the contract. To cancel, put it in writing and send it to your agent. Keep a copy.
If you cancel within 14 days, you owe nothing. You do not have to return anything the agent gave you. This protection exists because the legislature recognized that young athletes often sign contracts under pressure, without fully understanding the terms or consequences.
If your agent was not registered at the time you signed, you do not even need to cancel. The contract is automatically void under the law, and the agent must return all money or other consideration they received from you.
What Is an Athlete Agent Prohibited from Doing in New Mexico?
Section 61-14F-14 lists twelve specific prohibited acts. If your agent has done any of the following, they have violated New Mexico law:
- Giving you false or misleading information to get you to sign
- Giving you cash, gifts, or anything of value before you signed the contract
- Giving anything of value to someone else (a coach, trainer, family member) to influence you
- Contacting you without being registered
- Refusing to let the Secretary of State inspect their records
- Providing false information on their registration application
- Predating or postdating the contract
- Failing to tell you before signing that the contract could affect your eligibility
Each of these violations can trigger criminal misdemeanor charges (up to 364 days in jail and a $1,000 fine) and administrative penalties of up to $25,000 per violation from the Secretary of State. The criminal penalties apply specifically to violations of the prohibited conduct section. The administrative penalties apply to any violation of the Act.
NIL Deals and Athlete Agents in New Mexico: Why the Risk Is Growing
New Mexico was one of the first states to pass NIL legislation. The Student Athlete Endorsement Act (SB 94) took effect July 1, 2021, prohibiting NM schools from enforcing rules that prevent athletes from earning third-party NIL compensation. Scholarships cannot be reduced based on NIL earnings, and schools cannot prevent athletes from hiring independent representation.
At UNM, the 505 Sports Venture Foundation (505 SVF) supports Lobos athletes through NIL opportunities, and the school uses platforms like NOCAP and Athlete’s Thread for merchandise partnerships. A 2023 deal with Tamaya Ventures (Santa Ana Pueblo) specifically benefiting Native American student athletes was described as the first of its kind. At NMSU, the A-Mountain Sports collective served nearly 50 Aggie athletes before ceasing operations at the end of 2025. NMSU is now transitioning to a centralized, department-managed funding model through the NMSU Foundation.
The problem is that there is no national certification body for college NIL agents. Unlike professional sports, where players’ unions certify agents and cap commissions (3% in the NFL, 4% in the NBA), anyone can call themselves an NIL agent by changing their social media bio. No commission caps exist for NIL deals. No insurance or bonding is required in New Mexico. The registration fee is $250, and there is no background check. This is a low barrier to entry in a space where the money is real and the athletes are young.
The FTC Is Investigating Athlete Agent Compliance: What New Mexico Athletes Should Know
On January 12, 2026, the Federal Trade Commission announced it was sending letters to 20 randomly selected Division I universities seeking information about agent compliance with the federal Sports Agent Responsibility and Trust Act (SPARTA). This is the most visible SPARTA enforcement action in the statute’s 22-year history. Schools were given until March 23, 2026 to respond.
SPARTA mirrors many of New Mexico’s prohibitions. It bans agents from recruiting through false information, providing anything of value before signing, and predating contracts. Violations are treated as unfair or deceptive acts under the FTC Act, carrying civil penalties of over $53,000 per violation. SPARTA does not preempt state law. It layers federal enforcement on top of whatever protections your state already provides.
If you believe your agent has violated SPARTA, you can file a complaint directly with the FTC at reportfraud.ftc.gov. The FTC created a specific SPARTA complaint portal in January 2026.
What Should a New Mexico College Athlete Do If Their Agent Violated the Law?
If you believe your agent has lied to you, failed to register, taken your money under a void contract, or violated any provision of the Uniform Athlete Agents Act, take the following steps:
- Document and preserve everything: Save all contracts, text messages, DMs, emails, payment records, screenshots of the agent’s social media and public representations, and any gifts or items of value you received (especially anything received before signing). Write down verbal promises with dates, times, and any witnesses. Do not delete anything and do not confront the agent in writing yet, as this may cause them to destroy evidence.
- Contact your school’s athletic compliance office immediately: This is the most time-sensitive step for protecting your eligibility. At UNM, NMSU, and every NCAA school in New Mexico, the compliance office tracks agent disclosures and can begin eligibility reinstatement discussions. The NCAA treats voluntary self-reporting more favorably than discovering violations on its own.
- Exercise your 14-day cancellation right if you are still within the window: Put it in writing and keep a copy. If your agent was not registered, the contract is already void and no cancellation is necessary. Demand the return of all money paid.
- File complaints with the right agencies: Contact the New Mexico Secretary of State (Business Services Division, 505-827-3600, Option 1, Business.Services@sos.nm.gov) to report unregistered or non-compliant agents. File a complaint with the New Mexico Attorney General for potential Unfair Practices Act violations. Report federal SPARTA violations to the FTC at reportfraud.ftc.gov.
- Consult a New Mexico attorney experienced in sports law or consumer protection: Even though the Act does not create a direct private lawsuit for athletes, it preserves all your common law and equitable remedies. That means you can pursue claims for fraud, breach of fiduciary duty, breach of contract, and unjust enrichment. If your agent was unregistered, the contract is void by law and they owe you back every dollar. An attorney can also help you navigate the intersection of state law, federal SPARTA protections, and NCAA compliance.
Can a Student Athlete Sue Their Agent in New Mexico?
The Act creates an explicit right of action for educational institutions against agents, including recovery of damages, costs, and attorney fees. It does not create a separate statutory lawsuit for individual athletes. But it does not need to.
Section 61-14F-16(D) contains a savings clause: the Act “does not restrict rights, remedies or defenses of any person under law or equity.” That means every common law claim available under New Mexico law is still on the table. If your agent defrauded you, you can sue for fraud. If they breached the duties they owed you, you can sue for breach of fiduciary duty. If they took your money under a void or voidable contract, you can pursue unjust enrichment. You may also have claims under the New Mexico Unfair Practices Act.
An unregistered agent’s contract is void, full stop. They must return all consideration. If the contract doesn’t meet the legal requirements, you can walk away and keep anything the agent gave you. These protections put immediate leverage in the athlete’s hands.
Has New Mexico Ever Prosecuted an Athlete Agent? Not Yet.
After extensive research, no published New Mexico court opinions interpreting the Uniform Athlete Agents Act were found. No Attorney General opinions or advisory letters address athlete agents. No publicly available records of disciplinary actions, registration denials, or administrative penalties against agents in New Mexico exist.
Across the country, only one criminal prosecution under the UAAA has ever gone to trial: State v. Terry Watson in North Carolina, where an agent pleaded guilty to 13 felony counts after providing $24,000 to UNC players. The enforcement gap does not mean the law is weak. It means athletes, families, and attorneys need to be the ones pushing for accountability.
Talk to a New Mexico NIL and Sports Law Attorney
If you are a college athlete at UNM, NMSU, or any school in New Mexico and you believe your agent has violated the Uniform Athlete Agents Act, Land of Enchantment Law can help. Whether you need to void a contract with an unregistered agent, recover money you should not have paid, or understand your rights under state and federal law, Johnn Osborn has the experience to guide you through it.
Johnn Osborn is one of a small number of New Mexico attorneys practicing in the NIL and sports law space. He spent over a decade as a prosecutor before going into private practice and now represents athletes, businesses, and individuals across Albuquerque, Las Cruces, Santa Fe, and throughout New Mexico.
Disclaimer: The information in this article is for general informational purposes only and does not constitute legal advice. The laws discussed in this article may change and may apply differently depending on the specific facts of your situation. You should consult an attorney for advice regarding your individual circumstances. Contacting Land of Enchantment Law does not create an attorney-client relationship.
Land of Enchantment Law | 505.585.1235 |Law Office of Johnn Osborn P.C.
Disclaimer: The information in this article is for general informational purposes only and does not constitute legal advice. You should consult an attorney for advice regarding your individual situation. Contacting Land of Enchantment Law does not create an attorney-client relationship.