Partnertax.ai
Start free trial →

NMSA 1978 Chapter 7 — Taxation

NMSA 1978, § 7-8A-25

Agreement to locate property

Official textnmonesource.comlast amended

# 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.

Amendment history

Laws 1997, ch. 25, § 25; 2006, ch. 37, § 3.

Source: official source (NMSA chapter on nmonesource.com)

Report a problem

What's wrong?

Sent anonymously with this page's citation. No personal information is collected.
In this article (32 sections)
  1. 7-8A-1 · Definitions
  2. 7-8A-2 · Presumptions of abandonment
  3. 7-8A-3 · 7-8A-3
  4. 7-8A-4 · Rules for taking custody
  5. 7-8A-5 · Dormancy charge
  6. 7-8A-6 · 7-8A-6
  7. 7-8A-7 · Report of abandoned property
  8. 7-8A-8 · Payment or delivery of abandoned property
  9. 7-8A-9 · Notice and publication of lists of abandoned property
  10. 7-8A-10 · Custody by state; recovery by holder; defense of holder
  11. 7-8A-10.1 · Exercise of due diligence; liability; notice
  12. 7-8A-11 · 7-8A-11
  13. 7-8A-12 · Public sale of abandoned property
  14. 7-8A-13 · Deposit of funds
  15. 7-8A-14 · Claim of another state to recover property
  16. 7-8A-15 · 7-8A-15
  17. 7-8A-16 · Appeal; action to establish claim
  18. 7-8A-17 · Election to take payment or delivery
  19. 7-8A-18 · 7-8A-18
  20. 7-8A-19 · Periods of limitation
  21. 7-8A-20 · Requests for reports and examination of records
  22. 7-8A-21 · Retention of records
  23. 7-8A-22 · Enforcement
  24. 7-8A-23 · 7-8A-23
  25. 7-8A-24 · Interest and penalties
  26. 7-8A-25 · Agreement to locate property
  27. 7-8A-26 · Foreign transactions
  28. 7-8A-27 · Transitional provisions
  29. 7-8A-28 · Rules
  30. 7-8A-29 · Uniformity of application and construction
  31. 7-8A-30 · Short title
  32. 7-8A-31 · Severability clause
Full table of contents →