Title 55, PROPERTY IN GENERAL

55-1801. Title. This chapter shall be known and may be cited as the "Subdivided Lands Disposition Act."

55-1802. Definitions. When used in this chapter, unless the context otherwise requires: (1) "Commission" means the Idaho real estate commission. (2) "Disposition" includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken f…

55-1803. Administration of chapter. This chapter shall be administered by the Idaho real estate commission.

55-1804. Prohibitions on dispositions of interests in subdivisions. Unless the subdivided lands or the transaction is exempt under section 55-1805, Idaho Code, it shall be unlawful for any person to make in this state: (1) Any offer or disposition of any interest in subdivided la…

55-1804A. right of rescission. Any contract or agreement of disposition for an interest in subdivided lands may be rescinded by the purchaser without cause by personally delivering or sending by certified mail, a written notice of cancellation to the subdivider on or before 11:59…

55-1805. Exemptions. (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land: (a) By a purchaser of subdivided lands for his own account i…

55-1806. Application for registration. (1) The application for registration of subdivided lands shall be filed as prescribed by the commission and shall contain the following documents and information: (a) An irrevocable appointment of the commission to receive service of any law…

55-1807. Public offering statement. (1) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the sub…

55-1808. examination by commission of application for registration. Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination of the application for registration to determine that: (1) The requirements of section 55-180…

55-1809. Notice of filing — Registration — rejection of application — Fees. (1) Upon receipt of the application for registration in proper form and of a base registration fee of two hundred fifty dollars ($250), the commission shall issue a notice of filing to the applicant. In a…

55-1810. renewal report — duty to report convictions and judgments. (1) The subdivider shall file a renewal report in the form prescribed by the commission. The renewal report shall reflect any material changes in information contained in the original application for registration…

55-1811. General powers and duties. (1) The commission shall have the authority to promulgate, to amend and to repeal reasonable rules for the administration and enforcement of this chapter. Such rules may include provisions for advertising standards to assure full and fair discl…

55-1812. Fraudulent practices. It shall be a fraudulent practice and it shall be unlawful: (1) For any person knowingly to subscribe to or make or cause to be made any materially false statement or representation in any application, financial statement or other document or statem…

55-1813. Investigations and proceedings. The commission may investigate any subdivision offered for disposition in this state and the actions of any person who makes any offer or disposition of subdivided lands requiring registration under this chapter. In the conduct of the inve…

55-1814. Cease and desist orders. (1) If the commission determines after notice and hearing that a person has: (a) Violated any provision of this chapter; (b) Directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional…

55-1815. Revocation. (1) A registration may be revoked by the commission after notice and hearing upon a written finding of fact that the subdivider has: (a) Failed to maintain the requirements for continued registration; (b) Failed to comply with the terms of a cease and desist …

55-1816. Judicial review. A person who has exhausted all administrative remedies available within the commission and who is aggrieved by any final decision of the commission is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code.

55-1817. Real estate license required. No real estate broker or salesperson shall offer or dispose of subdivided lands within or from this state, except in dispositions and transactions exempt under section 55-1805, Idaho Code, unless said real estate broker or salesperson is lic…

55-1818. Extradition. In proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.

55-1819. Civil remedy. (1) Every disposition made in violation of any of the provisions of this chapter, or of any order issued by the commission under any of the provisions of this chapter, shall be voidable at the election of the purchaser. The person making such disposition, a…

55-1819A. noncompliance — unfair practice under the Idaho consumer protection act. Any offer or disposition made in violation of this chapter constitutes an unfair and deceptive act or practice pursuant to chapter 6, title 48, Idaho Code.

55-1820. Jurisdiction. (1) Dispositions of subdivided lands are subject to this chapter, and the district courts of this state have jurisdiction in claims or causes of action arising under this chapter if: (a) The subdivider’s principal office is located in this state; or (b) Any…

55-1821. Service of process. In addition to the methods of service provided for in the Idaho rules of civil procedure and Idaho statutes, service may be made on a person who has filed a consent to service of process by delivering a copy of the process to the office of the commiss…

55-1822. Evidentiary matters. (1) In any action, civil or criminal, where a defense is based upon any exemption provided for in this chapter, the burden of proving the existence of such exemption shall be upon the party raising such defense. (2) In any action, civil or criminal, …

55-1823. Penalties. Any person who shall willfully violate any provision of this chapter or who willfully violates any rule or order of the commission made and served upon said person pursuant to the provisions of this chapter, or who shall willfully engage in any act, practice o…