Title 15Commerce and TradeRelease 119-73

§1705 Information required in statement of record

Title 15 › Chapter CHAPTER 42— - INTERSTATE LAND SALES › § 1705

Last updated Apr 6, 2026|Official source

Summary

Must list who has an interest in the lots, with names, addresses, and how much interest each person has. Must describe the land and show a map with lot sizes, layout, nearby streets, total area, and the general shape or terrain. Must say who actually owns the title and note any liens, deed limits, or covenants. Must give general sales or rental terms and the expected price range. Must describe access, any known noise or safety problems, whether sewage and utilities (water, electricity, gas, telephone) are available, how many miles to nearby towns, and what improvements the developer will install and when they will be done. If a blanket encumbrance covers the subdivision, it must explain what happens to a buyer if the people bound by that encumbrance fail to do their part and what protections exist. It must also include the developer’s organization papers (corporation, trust, partnership, etc.), deeds or title documents and any liens or title opinions or insurance, the forms buyers will sign, easement or restriction instruments, financial statements the Director requires, and any other documents the Director finds reasonably necessary to protect buyers.

Full Legal Text

Title 15, §1705

Commerce and Trade — Source: USLM XML via OLRC

The statement of record shall contain the information and be accompanied by the documents specified hereinafter in this section— (1)
(2)a legal description of, and a statement of the total area included in, the subdivision and a statement of the topography thereof, together with a map showing the division proposed and the dimensions of the lots to be covered by the statement of record and their relation to existing streets and roads;
(3)a statement of the condition of the title to the land comprising the subdivision, including all encumbrances and deed restrictions and covenants applicable thereto;
(4)a statement of the general terms and conditions, including the range of selling prices or rents at which it is proposed to dispose of the lots in the subdivision;
(5)a statement of the present condition of access to the subdivision, the existence of any unusual conditions relating to noise or safety which affect the subdivision and are known to the developer, the availability of sewage disposal facilities and other public utilities (including water, electricity, gas, and telephone facilities) in the subdivision, the proximity in miles of the subdivision to nearby municipalities, and the nature of any improvements to be installed by the developer and his estimated schedule for completion;
(6)in the case of any subdivision or portion thereof against which there exists a blanket encumbrance, a statement of the consequences for an individual purchaser of a failure, by the person or persons bound, to fulfill obligations under the instrument or instruments creating such encumbrance and the steps, if any, taken to protect the purchaser in such eventuality;
(7)(A)copy of its articles of incorporation, with all amendments thereto, if the developer is a corporation; (B) copies of all instruments by which the trust is created or declared, if the developer is a trust; (C) copies of its articles of partnership or association and all other papers pertaining to its organization, if the developer is a partnership, unincorporated association, joint stock company, or any other form of organization; and (D) if the purported holder of legal title is a person other than developer, copies of the above documents for such person;
(8)copies of the deed or other instrument establishing title to the subdivision in the developer or other person and copies of any instrument creating a lien or encumbrance upon the title of developer or other person or copies of the opinion or opinions of counsel in respect to the title to the subdivision in the developer or other person or copies of the title insurance policy guaranteeing such title;
(9)copies of all forms of conveyance to be used in selling or leasing lots to purchasers;
(10)copies of instruments creating easements or other restrictions;
(11)such certified and uncertified financial statements of the developer as the Director may require; and
(12)such other information and such other documents and certifications as the Director may require as being reasonably necessary or appropriate for the protection of purchasers.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Pars. (11), (12). Pub. L. 111–203 substituted “Director” for “Secretary”. 1970—Par. (5). Pub. L. 91–609 required the statement of record to contain a statement of the existence of any unusual conditions relating to noise or safety which affect the subdivision and are known to the developer.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date

Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1705

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73