§ 337-A — Provisions governing sale or lease of subdivided lands

New York § 337-A

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9-A: Subdivided Lands

Text

§ 337-a. Provisions governing sale or lease of subdivided lands. No\nsubdivider shall sell, lease, or offer for sale or lease to the public\nwithin this state, as principal, broker or agent or otherwise,\nsubdivided vacant lands or any part thereof, unless and until such\nsubdivider shall have caused to be filed in the department of state (a)\nan offering statement containing the information and data required by\nsection three hundred thirty-seven-b of this article, (b) such data and\ninformation as the department may require as provided in section three\nhundred thirty-nine-b of this article and (c) a statement subscribed by\nthe subdivider and affirmed by him as true under the penalties of\nperjury, containing:\n 1. The name of such owner and subdivider,\n 2. The address of the principal office of such owner and subdivider,\nwherever situated, and the address or addresses of the principal office\nand all branch offices of the owner and subdivider within this state, if\nany,\n 3. The name of the person, partnership, company, corporation or\nassociation who or which acquired a legal or equitable title to the land\nor lands for sale or lease and who or which will subdivide vacant land\nor lands offered for sale or lease for the purpose of offering such\nsubdivided vacant lands or any part thereof to the general public,\n 4. If such owner and subdivider be an individual or individuals, a\nstatement of their respective connections during the preceding five\nyears with any person, partnership, corporation, company or association\nengaged in the business of selling or leasing subdivided vacant lands,\nand the description of the last project or projects in subdivided vacant\nlands, the whole or any part of which have been sold or offered for sale\nor lease by such owner and subdivider,\n 5. If such owner and subdivider be a partnership, the names, residence\nand business addresses of the partners, including special or limited\npartners, and of all other individuals participating as principals in\nthe profits of such business, specifying as to each the nature of his\nrelation to such business and giving with respect to each all of the\ninformation required by subdivision four of this section to be given by\nan owner and subdivider who is an individual,\n 6. If such owner and subdivider be other than an individual or\npartnership, the name of the state or country where incorporated or\norganized, and the names, residence and business addresses of its\nprincipal officers, wherever located, and of its officers and branch\nmanagers in this state, specifying as to each the nature of his relation\nto such business, and giving with respect to each all of the information\nrequired by subdivision four of this section to be given by an owner and\nsubdivider who is an individual,\n 7. A statement as to whether such owner and subdivider, or, if such\nowner and subdivider be other than an individual, whether any partner,\nprincipal, officer, director or branch manager thereof, has been\nconvicted by a court of competent jurisdiction in any state or country\nof any criminal offense in connection with any transaction involving the\nsale or offer for sale of subdivided lands, or has been enjoined or\nrestrained by order of any court of competent jurisdiction from selling\nor offering for sale subdivided vacant lands in any state or country, or\ncontinuing any practices in connection therewith,\n 8. The complete description of the land offered for subdivision or any\npart thereof by lots, plots, blocks or sites, with or without streets,\ntogether with maps certified to by a duly licensed land surveyor\naccompanied by a certificate attached thereto showing the date of the\ncompletion of the survey and of the making of the map and the name of\nthe subdivision for the purpose of identification of the subdivided\nlands or any part thereof. Where subdivisions were surveyed and mapped\nprior to March first, nineteen hundred thirty-six, a certified copy of\nthe map covering the property, on file in the office of the clerk of the\ncounty wherein the property is located, shall be deemed compliance with\nthe provisions herein.\n 9. A search of the title to the land, accompanied by a certificate\neither of an attorney and counselor at law duly licensed to practice in\nthe state of New York, or a certificate from a duly incorporated title\nsearch company or the certificate of an attorney and counselor at law\nduly licensed to practice in the state wherein the lands are situated\nreciting in detail all of the liens, encumbrances and clouds upon the\ntitle to such land, and which defects of title, if any, render the title\nto such land unmarketable,\n 10. The provisions, covenants, terms and conditions upon which it is\nthe intention of the owner and subdivider to sell or lease such\nsubdivided land accompanied by proposed forms of contracts contemplated\nfor execution and delivery upon the consummation of sales or leases,\n 11. Such other and further data and information as the department of\nstate may, in its discretion, demand to be executed upon forms\nprescribed by it for filing pursuant to the provisions of this article.\n