LAWS OF NEW YORK, 1997 CHAPTER 658 AN ACT to amend the real property law, in relation to eliminating the requirement that advertisements for the sale or lease of subdivided lands be filed with the department of state and a fee paid therefor and requiring every contract or agreement for the sale or lease of subdivided lands to expressly grant an absolute right to cancel. Became a law September 24, 1997, with the approval of the Governor. Passed by a majority vote, three-fifths being present. THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 337-b of the real property law, as amended by chapter 920 of the laws of 1971, is amended to read as follows: 3. Limitations. No offer to sell or lease subdivided lands by means of advertisements in periodicals or newspapers, or on television or radio, or by motion picture or otherwise shall be made unless each such advertisement contains reference to the fact that an offering statement has been filed with the department and that a copy of such statement is available, upon request, from the subdivider. § 2. Section 337-b of the real property law is amended by adding a new subdivision 9 to read as follows: 9. The offering statement shall include the following statement in easily readable capital letters of not less than nine-point type: "THE OFFEROR HAS FILED ADDITIONAL INFORMATION ON THIS LAND OFFERING WITH THE DEPARTMENT OF STATE PURSUANT TO SECTION 337-A OF THE REAL PROPERTY LAW. THIS INFORMATION INCLUDES A DESCRIPTION AND MAPS OF THE PROPERTIES BEING OFFERED; A CERTIFICATE STATING IN DETAIL ALL LIENS, ENCUMBRANCES OR CLOUDS UPON THE TITLE TO THE LAND; AND STATEMENTS OF ANY PRIOR CRIMINAL CONVICTIONS OF THE PRINCIPALS MAKING THIS OFFERING WHICH INVOLVED THE SALE OR OFFERING FOR SALE OF SUBDIVIDED LANDS. INFORMATION FILED PURSUANT TO SECTION 337-A OF THE REAL PROPERTY LAW IS AVAILABLE PURSUANT TO THE FREEDOM OF INFORMATION LAW FROM THE DEPARTMENT OF STATE AT THE FOLLOWING ADDRESS: THE DEPARTMENT OF STATE, SUBDIVIDED LANDS SECTION, ALBANY, NEW YORK 12231-0001." § 3. Section 337-c of the real property law, as added by chapter 847 of the laws of 1974, is amended to read as follows: § 337-c. Right to cancel. Every contract or agreement for the sale or lease of subdivided lands shall expressly grant to the purchaser or lessee the absolute right to cancel the contract or agreement within seven days following the signing of the contract or agreement, by giving the subdivider notice of cancellation at the address listed in the offering statement filed by the subdivider, by registered or certified mail return receipt requested. Within ten days of receipt of such a notice of cancellation the subdivider shall return to the purchaser or lessee all consideration paid or delivered on account of such contract or agreement. § 4. This act shall take effect immediately provided, however, that sections two and three of this act shall take effect on the sixtieth day after it shall have become a law, and shall apply to all offers to sell or lease subdivided lands and all contracts or agreements pursuant to such offers made on or after such date, and provided, further, that section two of this act shall not apply to any offering statement which was filed prior to such effective date until the date on which a new current statement must be filed pursuant to subdivision 8 of section 337-b of the real property law.