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 Township approval is required by ordinance, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
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 Article 6, Section 44 of the Municipal
Land Use Law.[1]
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 assignees 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 two years after the date of the recording of the instrument
of transfer, sale or conveyance of the land or within six years, if
unrecorded.
Any other violation of the provisions of this chapter shall be punishable by a fine as established in Chapter 1, Article II, General Penalty.