If, before final approval has been obtained, any person
transfers or sells or agrees to sell, as owner or agent, any land
which forms a part of a subdivision on which, by ordinance, the Planning
Board is required to act, 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.
To set aside and invalidate any conveyance made pursuant
to such a contract or 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 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 shall be brought within two years
after the date of the recording of the instrument of transfer, sale
or conveyance of such land, or within six years if unrecorded.