2012 New York Consolidated Laws
RPP - Real Property
Article 9-A - (337 - 339-C) SUBDIVIDED LANDS
337-A - Provisions governing sale or lease of subdivided lands.

 
    §  337-a.  Provisions governing sale or lease of subdivided lands.  No
  subdivider shall sell, lease, or offer for sale or lease to  the  public
  within   this  state,  as  principal,  broker  or  agent  or  otherwise,
  subdivided vacant lands or any  part  thereof,  unless  and  until  such
  subdivider  shall have caused to be filed in the department of state (a)
  an offering statement containing the information and  data  required  by
  section  three hundred thirty-seven-b of this article, (b) such data and
  information as the department may require as provided in  section  three
  hundred  thirty-nine-b of this article and (c) a statement subscribed by
  the subdivider and affirmed by  him  as  true  under  the  penalties  of
  perjury, containing:
    1. The name of such owner and subdivider,
    2.  The  address of the principal office of such owner and subdivider,
  wherever situated, and the address or addresses of the principal  office
  and all branch offices of the owner and subdivider within this state, if
  any,
    3.  The  name  of  the  person,  partnership,  company, corporation or
  association who or which acquired a legal or equitable title to the land
  or lands for sale or lease and who or which will subdivide  vacant  land
  or  lands  offered  for  sale  or lease for the purpose of offering such
  subdivided vacant lands or any part thereof to the general public,
    4. If such owner and subdivider be an  individual  or  individuals,  a
  statement  of  their  respective  connections  during the preceding five
  years with any person, partnership, corporation, company or  association
  engaged  in  the business of selling or leasing subdivided vacant lands,
  and the description of the last project or projects in subdivided vacant
  lands, the whole or any part of which have been sold or offered for sale
  or lease by such owner and subdivider,
    5. If such owner and subdivider be a partnership, the names, residence
  and business addresses of the partners,  including  special  or  limited
  partners,  and  of  all other individuals participating as principals in
  the profits of such business, specifying as to each the  nature  of  his
  relation  to  such  business  and giving with respect to each all of the
  information required by subdivision four of this section to be given  by
  an owner and subdivider who is an individual,
    6.  If  such  owner  and  subdivider  be  other  than an individual or
  partnership, the name of the state  or  country  where  incorporated  or
  organized,  and  the  names,  residence  and  business  addresses of its
  principal officers, wherever located, and of  its  officers  and  branch
  managers in this state, specifying as to each the nature of his relation
  to such business, and giving with respect to each all of the information
  required by subdivision four of this section to be given by an owner and
  subdivider who is an individual,
    7.  A  statement  as to whether such owner and subdivider, or, if such
  owner and subdivider be other than an individual, whether  any  partner,
  principal,  officer,  director  or  branch  manager  thereof,  has  been
  convicted by a court of competent jurisdiction in any state  or  country
  of any criminal offense in connection with any transaction involving the
  sale  or  offer  for  sale  of subdivided lands, or has been enjoined or
  restrained by order of any court of competent jurisdiction from  selling
  or offering for sale subdivided vacant lands in any state or country, or
  continuing any practices in connection therewith,
    8. The complete description of the land offered for subdivision or any
  part  thereof  by lots, plots, blocks or sites, with or without streets,
  together with maps  certified  to  by  a  duly  licensed  land  surveyor
  accompanied  by  a  certificate attached thereto showing the date of the
  completion of the survey and of the making of the map and  the  name  of
  the  subdivision  for  the  purpose  of identification of the subdivided

  lands or any part thereof. Where subdivisions were surveyed  and  mapped
  prior  to  March first, nineteen hundred thirty-six, a certified copy of
  the map covering the property, on file in the office of the clerk of the
  county  wherein the property is located, shall be deemed compliance with
  the provisions herein.
    9. A search of the title to the land,  accompanied  by  a  certificate
  either  of an attorney and counselor at law duly licensed to practice in
  the state of New York, or a certificate from a duly  incorporated  title
  search  company  or  the certificate of an attorney and counselor at law
  duly licensed to practice in the state wherein the  lands  are  situated
  reciting  in  detail  all of the liens, encumbrances and clouds upon the
  title to such land, and which defects of title, if any, render the title
  to such land unmarketable,
    10. The provisions, covenants, terms and conditions upon which  it  is
  the  intention  of  the  owner  and  subdivider  to  sell  or lease such
  subdivided land accompanied by proposed forms of contracts  contemplated
  for execution and delivery upon the consummation of sales or leases,
    11.  Such  other and further data and information as the department of
  state  may,  in  its  discretion,  demand  to  be  executed  upon  forms
  prescribed by it for filing pursuant to the provisions of this article.