If, before final subdivision approval has been obtained, any
person transfers or sells, or agrees to transfer or sell as owner
or agent, any land which forms part of a subdivision on which the
Board is required to act in accordance with the provisions of this
chapter, except pursuant to an agreement expressly conditioned on
final subdivision approval, such person shall be subject to a fine
not to exceed $1,000, and each parcel, plot or lot so disposed of
shall be deemed a separate violation in accordance with the provisions
of N.J.S.A. 40:55D-55.
In addition to the foregoing, the Borough may institute and
maintain a civil action:
B. To set aside and invalidate any conveyance made pursuant to such
contract of sale, if a certificate of compliance has not been issued
in accordance with the provisions of N.J.S.A. 40:55D-56.
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 subdivider,
or his or her assigns or successors, to secure the return of any deposit
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 two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.