Title 57, Title 57: Real Estate

57-19-13. Suspension, revocation, or denial of registration -- Fine. (1) Subject to Section, if the director finds that an applicant or developer has engaged in an act described in Subsection, the director may: 57-19-17 (2) deny an application for registration of a development; s…

57-19-14. Registration of salesperson. Except as provided in Section, it is unlawful for a person to act as a salesperson and market a development in this state without first registering under this chapter as a salesperson.

57-19-15. Application for registration of salesperson. (1) A person may apply for registration as a salesperson under this chapter by filing with the director an application in the form prescribed by the director, including: a statement regarding whether the applicant has ever be…

57-19-16. Denial, revocation, or suspension of registration of salesperson -- Fine. (1) Subject to Section, if the division finds that an applicant or salesperson has engaged in an act described in Subsection, the division may: 57-19-17 (2) deny an application for registration as…

57-19-17. Administrative procedures. (1) The director may summarily deny an application for registration under any of the provisions of Sectionor. If a registration is denied, the applicant may, within 10 days after receipt of notice of the denial, request a hearing before an adm…

57-19-18. Investigation -- Publication. (1) The director may make any investigations or requests for information, within or outside of this state, that the director considers necessary: to determine whether any registration under this chapter should be granted, denied, or revoked…

57-19-19. Subpoenas -- Evidence. (1) For the purposes of any investigation or proceeding under this chapter, the director, or any officer designated by him, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the producti…

57-19-2. Definitions. As used in this chapter: (1) "Accommodation" means: a hotel or motel room; a condominium or cooperative unit; a cabin; a lodge; an apartment; or a private or commercial structure designed for overnight occupancy by one or more individuals. (2) "Advertisement…

57-19-20. Injunctive relief -- Cease and desist order. (1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, and that it would be in the public interest to stop t…

57-19-21. Voidable agreements. (1) Any agreement to purchase an interest in a development that violates Sectionormay, at the option of the purchaser, be voided and the purchaser's entire consideration recovered together with interest at the legal rate, costs, and reasonable attor…

57-19-22. Violation a misdemeanor. Any person who willfully violates any provision of this chapter is guilty of a class B misdemeanor.

57-19-23. Prosecution. The director may refer any available evidence concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the proper prosecuting attorney, who may, in the attorney's discretion, with or without such a referral…

57-19-24. Violation of Consumer Sales Practice Act. For purposes of applying, any material violation of the provisions of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce.

57-19-25. Remedies nonexclusive. The remedies provided in this chapter are cumulative and nonexclusive, and do not affect any other remedy available at law.

57-19-26. Exemptions. (1) Unless entered into for the purpose of evading the provisions of this chapter, the following transactions are exempt from registration: an isolated transaction by an owner of an interest in a development or by a person holding the owner's executed power …

57-19-3. Rules. The director may make, amend, and repeal rules, forms, and orders when necessary to carry out the provisions of this chapter.

57-19-4. Unregistered sales prohibited. Except as provided in Section, it is unlawful for a person to offer or sell in this state an interest in a development unless the development is registered under this chapter or the person holds a temporary permit described in Section.

57-19-5. Registration -- Filing application. (1) A person may apply for registration of a development by filing with the division: an application in the form prescribed by the director; the written disclosure described in Section; and 57-19-11 financial statements and other infor…

57-19-6. Effective date of application. (1) An application for registration filed pursuant to Sectionis effective upon the expiration of 30 business days following its filing with the director, unless: 57-19-5 an order denying the application pursuant to Sectionis in effect; 57-1…

57-19-7. Prior permits. Any permit to market a development issued by the division before April 27, 1987, is considered to be an effective registration, but is subject to the renewal provisions of this chapter upon the anniversary date of the issuance of the original permit.

57-19-8. Filing proposed documents. (1) Every developer shall file with the director at least five business days before using any of the following in this state: the proposed form of the developer's sales contracts; and a copy or the text of any supplements to the written disclos…

57-19-9. Duration of registration -- Amendment and renewal -- Supplemental disclosure -- Notice of amendment. (1) Registration of a development is effective for a period of one year and may, upon application, be renewed for successive periods of one year each. (2) A registration …