us-nm/stat
NMSA 1978, § 7-8A-25 — Agreement to locate property
A.
An agreement by an owner, the primary purpose of which is to locate, deliver,
recover or assist in the recovery of property that is presumed abandoned, is void and
unenforceable if it was entered into during the period commencing on the date the
property was presumed abandoned and extending to a time that is forty-eight months
after the date the property is paid or delivered to the administrator. This subsection does
not apply to an owner's agreement with an attorney to file a claim as to identified
property or contest the administrator's denial of a claim.
B.
An agreement by an owner, the primary purpose of which is to locate, deliver,
recover or assist in the recovery of property, is enforceable only if the agreement is in
writing, clearly sets forth the nature of the property and the services to be rendered, is
signed by the apparent owner and states the value of the property before and after the
fee or other compensation has been deducted.
C.
If an agreement covered by this section applies to mineral proceeds and the
agreement contains a provision to pay compensation that includes a portion of the
underlying minerals or any mineral proceeds not then presumed abandoned, the
provision is void and unenforceable.
D.
An agreement covered by this section which provides for compensation that is
unconscionable is unenforceable except by the owner. An owner who has agreed to pay
compensation that is unconscionable or the administrator on behalf of the owner may
maintain an action to reduce the compensation to a conscionable amount. The court
may award reasonable attorney fees to an owner who prevails in the action.
E.
This section does not preclude an owner from asserting that an agreement
covered by this section is invalid on grounds other than unconscionable compensation.
Source: official text