§523A-25 - Agreement to locate property.
[§523A-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 shall be 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 twenty-four 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 shall be 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 shall be void and
unenforceable.
(d) An agreement covered by this section which
provides for compensation that is unconscionable shall be 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's 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. [L 2008, c 55, pt of §1]