1、7 PARTS 17001709 RESERVED PART 1710LAND REGISTRATION Subpart AGeneral Requirements Sec. 1710.1 Definitions. 1710.3 General applicability. 1710.4 Exemptionsgeneral. 1710.5 Statutory exemptions from the provi-sions of this chapter. 1710.6 One hundred lot exemption. 1710.7 Twelve lot exemption. 1710.8
2、Scattered site subdivisions. 1710.9 Twenty acre lots. 1710.10 Single-family residence exemption. 1710.11 Manufactured home exemption. 1710.12 Intrastate exemption. 1710.13 Metropolitan Statistical Area (MSA) exemption. 1710.14 Regulatory exemptions. 1710.15 Regulatory exemptionmultiple site subdivis
3、iondetermination required. 1710.16 Regulatory exemptiondetermina-tion required. 1710.17 Advisory opinion. 1710.18 No action letter. 1710.20 Requirements for registering a sub-divisionStatement of Recordfiling and form. 1710.21 Effective dates. 1710.22 Statement of recordinitial or con-solidated. 171
4、0.23 Amendmentfiling and form. 1710.29 Use of property report misstatements, omissions or representa-tion of HUD approval prohibited. 1710.35 Payment of fees. 1710.45 Suspensions. Subpart BReporting Requirements 1710.100 Statement of Recordformat. 1710.102 General instructions for completing the Sta
5、tement of Record. 1710.103 Developer obligated improvements. 1710.105 Cover page. 1710.106 Table of contents. 1710.107 Risks of buying land. 1710.108 General information. 1710.109 Title to the property and land use. 1710.110 Roads. 1710.111 Utilities. 1710.112 Financial information. 1710.113 Local s
6、ervices. 1710.114 Recreational facilities. 1710.115 Subdivision characteristics and cli-mate. 1710.116 Additional information. 1710.117 Cost sheet, signature of Senior Ex-ecutive Officer. 1710.118 Receipt, agent certification and cancellation page. 1710.200 Instructions for Statement of Record, Addi
7、tional Information and Doc-umentation. 1710.208 General information. 1710.209 Title and land use. 1710.210 Roads. 1710.211 Utilities. 1710.212 Financial information. 1710.214 Recreational facilities. 1710.215 Subdivision characteristics and cli-mate. 1710.216 Additional information. 1710.219 Affirma
8、tion. 1710.310 Annual report of activity. Subpart CCertification of Substantially Equivalent State Law 1710.500 General. 1710.503 Notice of certification. 1710.504 Cooperation among certified states and between certified states and the Sec-retary. 1710.505 Withdrawal of State certification. 1710.506
9、 State/Federal filing requirements. 1710.507 Effect of suspension or withdrawal of certification granted under 1710.501(a): Full disclosure requirement. 1710.508 Effect of suspension of certification granted under 1710.501(b): Sufficient pro-tection requirement. 1710.552 Previously accepted state fi
10、lings. 1710.556 Previously accepted state filings amendments and consolidations. 1710.558 Previously accepted state filings notice of revocation rights on property report cover page. 1710.559 Previously accepted state filings notice of revocation rights in contracts and agreements. AUTHORITY: 15 U.S
11、.C. 1718; 42 U.S.C. 3535(d). Subpart AGeneral Requirements AUTHORITY: Sec. 1419, Interstate Land Sales Full Disclosure Act, 82 Stat. 590, 598; 15 U.S.C. 1718; sec. 7(d), Dept. of Housing and Urban Development Act, 42 U.S.C. 3535(d). 1710.1 Definitions. (a) Statutory terms. All terms are used in acco
12、rdance with their statutory meaning in 15 U.S.C. 1702 or with part 5 of this title, unless otherwise defined in paragraph (b) of this section or else-where in this part. (b) Other terms. As used in this part: Act means the Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701. Advisory opinion m
13、eans the formal written opinion of the Secretary as to jurisdiction in a particular case or the applicability of an exemption under 1710.5 through 1710.15, based on facts submitted to the Secretary. VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX
14、220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-8 24 CFR Ch. X (4110 Edition) 1710.3 Available for use means that in addi-tion to being constructed, the subject facility is fully operative and supplied wi
15、th any materials and staff necessary for its intended purpose. Beneficial property restrictions means restrictions that are enforceable by the lot owners and are designed to control the use of the lot and to preserve or en-hance the environment and the aes-thetic and economic value of the sub-divisi
16、on. Date of filing means the date a State-ment of Record, amendment, or con-solidation, accompanied by the appli-cable fee, is received by the Secretary. Good faith estimate means an estimate based on documentary evidence. In the case of cost estimates, the documenta-tion may be obtained from the su
17、p-pliers of the services. In the case of es-timates of completion dates, the docu-mentation may be actual contracts let, engineering schedules, or other evi-dence of commitments to complete the amenities. Lot means any portion, piece, divi-sion, unit, or undivided interest in land located in any Sta
18、te or foreign coun-try, if the interest includes the right to the exclusive use of a specific portion of the land. OILSR means the Interstate Land Sales Registration program. Owner means the person or entity who holds the fee title to the land and has the power to convey that title to others. Parent
19、 corporation means that entity which ultimately controls the sub-sidiary, even though the control may arise through any series or chain of other subsidiaries or entities. Principal means any person or entity holding at least a 10 percent financial or ownership interest in the developer or owner, dir
20、ectly or through any se-ries or chain of subsidiaries or other entities. Rules means all rules adopted pursu-ant to the Act, including the general requirements published in this part. Sale means any obligation or ar-rangement for consideration to pur-chase or lease a lot directly or indi-rectly. The
21、 terms sale or seller in-clude in their meanings the terms lease and lessor. Senior Executive Officer means the in-dividual of highest rank responsible for the day-to-day operations of the devel-oper and who has the authority to bind or commit the developing entity to contractual obligations. Site m
22、eans a group of contiguous lots, whether such lots are actually divided or proposed to be divided. Lots are con-sidered to be contiguous even though contiguity may be interrupted by a road, park, small body of water, rec-reational facility, or any similar ob-ject. Start of construction means breakin
23、g ground for building a facility, followed by diligent action to complete the fa-cility. 61 FR 13597, Mar. 27, 1996 1710.3 General applicability. Except in the case of an exempt transaction, a developer may not sell or lease lots in a subdivision, making use of any means or instruments of transporta
24、tion or communication in interstate commerce, or of the mails, unless a Statement of Record is in ef-fect in accordance with the provisions of this part. In non-exempt trans-actions, the developer must give each purchaser a printed Property Report, meeting the requirements of this part, in advance o
25、f the purchasers signing of any contract or agreement for sale or lease. (Approved by the Office of Management and Budget under control number 25020243) 45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984 1710.4 Exemptionsgeneral. (a) The exemptions available under 1710.5 through 171
26、0.16 are not applica-ble when the method of sale, lease or other disposition of land or an interest in land is adopted for the purpose of evasion of the Act. (b) With the exception of the sales or leases which are exempt under 1710.5, the anti-fraud provisions of the Act (15 U.S.C. 1703(a)(2) apply
27、to exempt transactions. The anti-fraud provisions make it unlawful for a developer or agent to employ any device, scheme, or artifice to: (1) Defraud; VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRPr
28、ovided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-9 Office of Asst. Sec. for Housing, HUD 1710.7 (2) To obtain money or property by means of any untrue statement of a material fact, or (3) To omit to state a material fact necessary in order to make the s
29、tate-ments made not misleading, with re-spect to any information pertinent to the lot or subdivision; or (4) To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon a purchaser. (c) The anti-fraud provisions of the Act require that cert
30、ain representa-tions be included in the contract in transactions which are not exempt under 1710.5. Specifically, the Act re-quires that if a developer or agent rep-resents that roads, sewers, water, gas or electric service or recreational amenities will be provided or com-pleted by the developer, t
31、he contract must stipulate that the services or amenities will be provided or com-pleted. See 1715.15(f). (d) Eligibility for exemptions avail-able under 1710.5 through 1710.14 is self-determining. With the exception of the exemptions available under 1710.15 and 1710.16, a developer is not required
32、to file notice with or obtain the approval of the Secretary in order to take advantage of an exemption. If a developer elects to take advantage of an exemption, the developer is respon-sible for maintaining records to dem-onstrate that the requirements of the exemption have been met. (e) A developer
33、 may present evidence, or otherwise discuss, in an informal hearing before the OILSR Adminis-trator or designee, the Departments position on the jurisdiction or non-ex-empt status of a particular subdivision. 45 FR 40479, June 13, 1980, as amended at 54 FR 40866, Oct. 4, 1989 1710.5 Statutory exempt
34、ions from the provisions of this chapter. A listing of the statutory exemptions is contained in 15 U.S.C. 1703. In ac-cordance with 15 U.S.C. 1703(a)(2), if the sale involves a condominium or multi- unit construction, a presale clause con-ditioning the sale of a unit on a certain percentage of sales
35、 of other units is permissible if it is legally binding on the parties and is for a period not to exceed 180 days. However, the 180-day provision cannot extend the 2-year pe-riod for performance. The permissible 180 days is calculated from the date the first purchaser signs a sales contract in the p
36、roject or, if a phased project, from the date the first purchaser signs the first sales contract in each phase. 61 FR 13597, Mar. 27, 1996 1710.6 One hundred lot exemption. The sale of lots in a subdivision is ex-empt from the registration require-ments of the Act if, since April 28, 1969, the subdi
37、vision has contained fewer than 100 lots, exclusive of lots which are exempt from jurisdiction under 1710.5. In the sale of lots in the sub-division that are not exempt under 1710.5, the developer must comply with the Acts anti-fraud provisions, set forth in 1710.4 (b) and (c). 49 FR 31368, Aug. 6,
38、1984 1710.7 Twelve lot exemption. (a) The sale of lots is exempt from the registration requirements of the Act if, beginning with the first sale after June 20, 1980, no more than twelve lots in the subdivision are sold in the subsequent twelve-month period. Thereafter, the sale of the first twelve l
39、ots is exempt from the registration re-quirements if no more than twelve lots were sold in each previous twelve month period which began with the an-niversary date of the first sale after June 20, 1980. (b) A developer may apply to the Sec-retary to establish a different twelve month period for use
40、in determining eligibility for the exemption and the Secretary may allow the change if it is for good cause and consistent with the purpose of this section. (c) In determining eligibility for this exemption, all lots sold or leased in the subdivision after June 20, 1980, are counted, whether or not
41、the trans-actions are otherwise exempt. Sales or leases made prior to June 21, 1980, are not considered in determining eligi-bility for the exemption. (d) The sale must also comply with the anti-fraud provisions of 1710.4 (b) and (c) of this part. 45 FR 40479, June 13, 1980, as amended at 49 FR 3136
42、8, Aug. 6, 1984 VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-10 24 CFR Ch. X (4110 Edition) 1710.8 1
43、710.8 Scattered site subdivisions. (a) The sale of lots in a subdivision consisting of noncontiguous parts is exempt from the registration require-ments of the Act if (1) Each noncontiguous part of the subdivision contains twenty or fewer lots; and (2) Each purchaser or purchasers spouse makes a per
44、sonal, on-the-lot in-spection of the lot purchased prior to signing a contract. (b) For purposes of this exemption, interruptions such as roads, parks, small bodies of water or recreational facilities do not serve to break the con-tiguity of parts of a subdivision. (c) The sale must also comply with
45、 the anti-fraud provisions of 1710.4 (b) and (c) of this part. 45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984 1710.9 Twenty acre lots. (a) The sale of lots in a subdivision is exempt from the registration require-ments of the Act if, since April 28, 1969, each lot in the subdivi
46、sion has con-tained at least twenty acres. In deter-mining eligibility for the exemption, easements for ingress and egress or public utilities are considered part of the total acreage of the lot if the pur-chaser retains ownership of the prop-erty affected by the easement. (b) The sale must also com
47、ply with the anti-fraud provisions of 1710.4 (b) and (c) of this part. 45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984 1710.10 Single-family residence ex-emption. (a) General. The sale of a lot which meets the requirements specified under paragraphs (b) and (c) of this section is
48、 exempt from the registration require-ments of the Act. (b) Subdivision requirements. (1) The subdivision must meet all local codes and standards. (2) In the promotion of the subdivi-sion there must be no offers, by direct mail or telephone solicitation, of gifts, trips, dinners or use of similar pr
49、o-motional techniques to induce prospec-tive purchasers to visit the subdivision or to purchase a lot. (c) Lot requirements. (1) The lot must be located within a municipality or county where a unit of local govern-ment or the State specifies minimum standards in the following areas for the development of subdivision lots taking place within its boundaries: (i) Lot dimensions. (ii) Plat approval a
