Title 57, Real Estate

57-18-3. Acquisition of conservation easement. A governmental entity or a charitable organization that is exempt from federal income taxation under Section 501(c)(3) or (19), Internal Revenue Code, may acquire a conservation easement by purchase, gift, devise, grant, lease, or be…

57-18-4. Requirements for creation. (1) Any property owner may grant a conservation easement to any other qualified person as defined in Section 57-18-3 in the same manner and with the same effect as any other conveyance of an interest in real property. (2)(a) A conservation ease…

57-18-5. Termination. A conservation easement may be terminated, in whole or in part, by release, abandonment, merger, nonrenewal, conditions set forth in the instrument creating the conservation easement, or in any other lawful manner in which easements may be terminated.

57-18-6. Enforcement. (1) A conservation easement may be enforced or protected by injunctive relief granted by a court in a proceeding initiated by the grantor or holder of the easement. (2) In addition to injunctive relief, the holder of a conservation easement is entitled to re…

57-18-7. Conservation easement not obtained through eminent domain -- Conservation easement may not interfere with eminent domain. (1) No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain. (2) The existen…

57-19-1. Short title. This chapter is known and may be cited as the "Timeshare and Camp Resort Act."

57-19-10. Effect of application or registration -- Misleading statements to prospective purchasers a misdemeanor. (1) Neither the fact that an application for registration or the written disclosures required by this chapter have been filed, nor the fact that a development has bee…

57-19-11. Disclosure required. (1) Except as provided in Section 57-19-26, any person who sells or offers to sell an interest in a development located in this state, or who sells or offers to sell in this state an interest in a development located outside of this state, shall pro…

57-19-12. Purchaser's right to cancel. (1)(a) An agreement to purchase an interest in a development may be cancelled, at the option of the purchaser, if: (i) the purchaser delivers a written notice of cancellation to the developer at the developer's business address by: (A) hand;…

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

57-19-14. Registration of salesperson. Except as provided in Section 57-19-26, 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) a statement regarding whether the applicant has eve…

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

57-19-17. Administrative procedures. (1) The director may summarily deny an application for registration under any of the provisions of Section 57-19-13 or 57-19-16. If a registration is denied, the applicant may, within 10 days after receipt of notice of the denial, request a he…

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: (a) to determine whether any registration under this chapter should be granted, denied, or rev…

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) a hotel or motel room; (b) a condominium or cooperative unit; (c) a cabin; (d) a lodge; (e) an apartment; or (f) a private or commercial structure designed for overnight occupancy by one or more individ…

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 Section 57-19-4 or 57-19-14 may, at the option of the purchaser, be voided and the purchaser's entire consideration recovered together with interest at the legal rate, costs, a…

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 Title 13, Chapter 11, Utah Consumer Sales Practices Act, any material violation of the provisions of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the…

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: (a) an isolated transaction by an owner of an interest in a development or by a person holding the owner's executed po…

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 57-19-26, 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 Sect…

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

57-19-6. Effective date of application. (1) An application for registration filed pursuant to Section 57-19-5 is effective upon the expiration of 30 business days following its filing with the director, unless: (a) an order denying the application pursuant to Section 57-19-13 is …

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: (a) the proposed form of the developer's sales contracts; and (b) a copy or the text of any supplements to the written…

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) A registrati…

57-20-1. Rent and fee control prohibition. (1) A county, city, or town may not enact an ordinance or resolution that would control rents or fees on private residential property unless it has the express approval of the Legislature. (2) This section does not impair the right of a …

57-21-1. Short title. This chapter is known as the "Utah Fair Housing Act."

57-21-10. Judicial election or formal adjudicative hearing. (1)(a) If, pursuant to Subsection 57-21-9(6) or (7)(b)(ii), the director issues a written determination, a party to the complaint may obtain de novo review of the determination by submitting a written request for a forma…

57-21-11. Relief granted -- Civil penalties -- Enforcement of final order. (1) Under Sections 57-21-9 and 57-21-10, if the director, presiding officer, commissioner, Appeals Board, or court finds reasonable cause to believe that a discriminatory housing practice has occurred or i…

57-21-12. Other rights of action. (1) In addition to the procedure outlined in Subsection 57-21-9(1), a person aggrieved by a discriminatory housing practice may commence a private civil action in a court of competent jurisdiction within two years after an alleged discriminatory …

57-21-13. Disclosure of information. (1) Conciliation agreements and the director's determination and order are public records. (2) Subject to Subsection (3), neither the commission nor its staff may divulge or make public information gained from any investigation, settlement neg…

57-21-14. Effect of federal action. The commencement of an action in a federal court of competent jurisdiction for relief under federal law based upon any act prohibited by this chapter bars the commencement or continuation of any adjudicative proceeding before the division or st…

57-21-2. Definitions. As used in this chapter: (1) "Affiliate" means the same as that term is defined in Section 16-6a-102. (2) "Aggrieved individual" means an individual who: (a) claims to have been injured by a discriminatory housing practice; or (b) believes that the individua…

57-21-2.5. Supremacy over local regulations -- No special class created for other purposes. (1) This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political subdi…

57-21-2.7. Nonseverability. Laws of Utah 2015, Chapter 13, is the result of the Legislature's balancing of competing interests. Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in this chapter by Laws of Utah 2015, Chapter 13, is held inva…

57-21-3. Exemptions -- Sale by private individuals -- Nonprofit organizations -- Noncommercial transactions. (1) This chapter does not apply to a single-family dwelling unit sold or rented by its owner if: (a) the owner does not own an interest in four or more single-family dwell…

57-21-4. Conduct and requirements excluded -- Defenses. (1) Except as provided in Subsections 57-21-5(4) and (5), this chapter does not: (a) require a person to exercise a higher degree of care toward an individual who has a disability than toward an individual who does not have …

57-21-5. Discriminatory practices enumerated -- Protected individuals, classes enumerated. (1) It is a discriminatory housing practice to do any of the following because of an individual's race, color, religion, sex, national origin, familial status, source of income, disability,…

57-21-6. Discriminatory housing practices regarding residential real estate-related transactions -- Discriminatory housing practices regarding the provisions of brokerage services. (1)(a) It is a discriminatory housing practice for a person whose business includes engaging in res…

57-21-6.1. Discriminatory housing practices regarding real estate -- Existing real property contract provisions. (1) As used in this section: (a) "Association" means the same as that term is defined in Section 57-8-3 or 57-8a-102. (b) "Board" means: (i) a management committee as …