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.
History: Laws 1997, ch. 25, § 25; 2006, ch. 37, § 3.
The 2006 amendment, effective July 1, 2006, extending the time period during which an agreement to locate property is valid from twenty-four months to forty-eight months.
Structure 2021 New Mexico Statutes
Article 8A - Uniform Unclaimed Property Act
Section 7-8A-2 - Presumptions of abandonment.
Section 7-8A-3 - Contents of safe deposit box or other safekeeping depository.
Section 7-8A-4 - Rules for taking custody.
Section 7-8A-5 - Dormancy charge.
Section 7-8A-6 - Burden of proof as to property evidenced by record of check or draft.
Section 7-8A-7 - Report of abandoned property.
Section 7-8A-8 - Payment or delivery of abandoned property.
Section 7-8A-9 - Notice and publication of lists of abandoned property.
Section 7-8A-10 - Custody by state; recovery by holder; defense of holder.
Section 7-8A-10.1 - Exercise of due diligence; liability; notice.
Section 7-8A-11 - Crediting of dividends, interest and increments to owner's account.
Section 7-8A-12 - Public sale of abandoned property.
Section 7-8A-13 - Deposit of funds.
Section 7-8A-14 - Claim of another state to recover property.
Section 7-8A-15 - Filing claim with administrator; handling of claims by administrator.
Section 7-8A-16 - Appeal; action to establish claim.
Section 7-8A-17 - Election to take payment or delivery.
Section 7-8A-19 - Periods of limitation.
Section 7-8A-20 - Requests for reports and examination of records.
Section 7-8A-21 - Retention of records.
Section 7-8A-22 - Enforcement.
Section 7-8A-24 - Interest and penalties.
Section 7-8A-25 - Agreement to locate property.
Section 7-8A-26 - Foreign transactions.
Section 7-8A-27 - Transitional provisions.
Section 7-8A-29 - Uniformity of application and construction.