N.Y. Real Property Law § 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.