40:55D-55 - Selling before approval; penalty; suits by municipalities - New Jersey Statutes

40:55D-55.  Selling before approval;  penalty;  suits by municipalities
    If, before final subdivision approval has been granted, any person transfers  or sells or agrees to transfer or sell, except pursuant to an agreement  expressly conditioned on final subdivision approval, as owner or agent, any  land which forms a part of a subdivision for which municipal approval is  required by ordinance pursuant to this act, such person shall be subject to a  penalty not to exceed $1,000.00, and each lot disposition so made may be deemed  a separate violation.

    In addition to the foregoing, the municipality may institute and maintain a  civil action:

    a.  For injunctive relief;  and

     b.  To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with section 44 of this act, but only if the municipality (1) has a planning board and (2) has adopted by ordinance standards and procedures in accordance with section 29 of this act.

    In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any.  Any such action must be brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within 6 years, if unrecorded.

     L.1975, c. 291, s. 43, eff. Aug. 1, 1976.