15 U.S.C. § 1703

Requirements respecting sale or lease of lots

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(a) Prohibited activitiesIt shall be unlawful for any developer or agent, directly or indirectly, to make use of any means or instruments of transportation or communication in interstate commerce, or of the mails—(1) with respect to the sale or lease of any lot not exempt under section 1702 of this title—(A) to sell or lease any lot unless a statement of record with respect to such lot is in effect in accordance with section 1706 of this title;(B) to sell or lease any lot unless a printed property report, meeting the requirements of section 1707 of this title, has been furnished to the purchaser or lessee in advance of the signing of any contract or agreement by such purchaser or lessee;(C) to sell or lease any lot where any part of the statement of record or the property report contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein pursuant to sections 1704 through 1707 of this title or any regulations thereunder; or(D) to display or deliver to prospective purchasers or lessees advertising and promotional material which is inconsistent with information required to be disclosed in the property report; or(2) with respect to the sale or lease, or offer to sell or lease, any lot not exempt under section 1702(a) of this title—(A) to employ any device, scheme, or artifice to defraud;(B) to obtain money or property by means of any untrue statement of a material fact, or any omission to state a material fact necessary in order to make the statements made (in light of the circumstances in which they were made and within the context of the overall offer and sale or lease) not misleading, with respect to any information pertinent to the lot or subdivision;(C) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon a purchaser; or(D) to represent that roads, sewers, water, gas, or electric service, or recreational amenities will be provided or completed by the developer without stipulating in the contract of sale or lease that such services or amenities will be provided or completed.(b) Revocation of nonexempt contract or agreement at option of purchaser or lessee; time limit

Any contract or agreement for the sale or lease of a lot not exempt under section 1702 of this title may be revoked at the option of the purchaser or lessee until midnight of the seventh day following the signing of such contract or agreement or until such later time as may be required pursuant to applicable State laws, and such contract or agreement shall clearly provide this right.

In the case of any contract or agreement for the sale or lease of a lot for which a property report is required by this chapter and the property report has not been given to the purchaser or lessee in advance of his or her signing such contract or agreement, such contract or agreement may be revoked at the option of the purchaser or lessee within two years from the date of such signing, and such contract or agreement shall clearly provide this right.

(d) Additional authority for revocation of nonexempt contract or agreement at option of purchaser or lessee; time limit; applicabilityAny contract or agreement which is for the sale or lease of a lot not exempt under section 1702 of this title and which does not provide—(1) a description of the lot which makes such lot clearly identifiable and which is in a form acceptable for recording by the appropriate public official responsible for maintaining land records in the jurisdiction in which the lot is located;(2) that, in the event of a default or breach of the contract or agreement by the purchaser or lessee, the seller or lessor (or successor thereof) will provide the purchaser or lessee with written notice of such default or breach and of the opportunity, which shall be given such purchaser or lessee, to remedy such default or breach within twenty days after the date of the receipt of such notice; and(3) that, if the purchaser or lessee loses rights and interest in the lot as a result of a default or breach of the contract or agreement which occurs after the purchaser or lessee has paid 15 per centum of the purchase price of the lot, excluding any interest owed under the contract or agreement, the seller or lessor (or successor thereof) shall refund to such purchaser or lessee any amount which remains after subtracting (A) 15 per centum of the purchase price of the lot, excluding any interest owed under the contract or agreement, or the amount of damages incurred by the seller or lessor (or successor thereof) as a result of such breach, whichever is greater, from (B) the amount paid by the purchaser or lessee with respect to the purchase price of the lot, excluding any interest paid under the contract or agreement,may be revoked at the option of the purchaser or lessee for two years from the date of the signing of such contract or agreement. This subsection shall not apply to the sale of a lot for which, within one hundred and eighty days after the signing of the sales contract, the purchaser receives a warranty deed (or, where such deed is not commonly used in the jurisdiction where the lot is located, a deed or grant that warrants at least that the grantor has not conveyed the lot to another person and that the lot is free from encumbrances made by the grantor or any other person claiming by, through, or under him or her).(e) Repayment of purchaser or lessee upon revocation of all money paid under contract or agreement to seller or lessor

If a contract or agreement is revoked pursuant to subsection (b), (c), or (d), if the purchaser or lessee tenders to the seller or lessor (or successor thereof) an instrument conveying his or her rights and interests in the lot, and if the rights and interests and the lot are in a condition which is substantially similar to the condition in which they were conveyed or purported to be conveyed to the purchaser or lessee, such purchaser or lessee shall be entitled to all money paid by him or her under such contract or agreement.

(Pub. L. 90–448, title XIV, § 1404, Aug. 1, 1968, 82 Stat. 591; Pub. L. 93–383, title VIII, § 812(c)(1), Aug. 22, 1974, 88 Stat. 737; Pub. L. 96–153, title IV, § 403, Dec. 21, 1979, 93 Stat. 1127.)Editorial NotesAmendments

1979—Subsec. (a). Pub. L. 96–153 substituted provisions setting forth criteria in par. (1) with respect to the sale or lease of any lot not exempt under section 1702 of this title, for provisions relating to the sale or lease of any lot in any subdivision with accompanying required statement of record and printed property report, and in par. (2) with respect to the sale or lease, or offer to sell or lease, any lot not exempt under section 1702(a) of this title, for provisions relating to the sale or lease, or offer to sell or lease, any lot in a subdivision through the use of specified prohibited activities.

Subsec. (b). Pub. L. 96–153 substituted provisions relating to revocation of contracts or agreements for the sale or lease of a lot not exempt under section 1702 of this title, for provisions relating to voidability of contracts or agreements for the purchase or lease of lots in subdivisions covered by this chapter.

Subsecs. (c) to (e). Pub. L. 96–153 added subsecs. (c) to (e).

1974—Subsec. (b). Pub. L. 383 substituted “until midnight of the third business day following the consummation of the transaction” for “within forty-eight hours” and struck out provisions relating to exceptions of contracts or agreements stipulating to the nonapplicability of the revocation authority to certain purchasers.

Statutory Notes and Related SubsidiariesEffective Date of 1979 Amendment

Amendment by Pub. L. 96–153 effective on effective date of regulations implementing such amendment, but in no case later than six months following Dec. 21, 1979, see section 410 of Pub. L. 96–153, set out as a note under section 1701 of this title.

Effective Date of 1974 Amendment

Pub. L. 93–383, title VIII, § 812(c)(2), Aug. 22, 1974, 88 Stat. 737, provided that: “The amendments made by paragraph (1) [amending this section] shall be effective sixty days after the date of the enactment of this Act [Aug. 22, 1974].”

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.

Notes of Decisions

Cited in 221 cases (2 in the last 5 years), 1973–2026 · leading case: Degirmenci v. Sapphire-Fort Lauderdale, Lllp, 693 F. Supp. 2d 1325 (S.D. Fla. 2010).

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Degirmenci v. Sapphire-Fort Lauderdale, Lllp, 693 F. Supp. 2d 1325 (S.D. Fla. 2010). · cites it 55× “Count I is a claim for declaratory judgment that the Developer and Regions have and are anticipated to violate one or more of the following statutes under the ILSFDA: 15 U.S.C. §§ 1703 (a)(l)(B)-(D) and 15 U.”

Gentry v. Harborage Cottages-Stuart, LLLP, 654 F.3d 1247 (11th Cir. 2011). · cites it 21× “Central to this appeal is the court’s conclusion that Harborage violated 15 U.S.C. § 1703 (a)(1)(B) by failing to provide the purchasers with a property report prior to their signing the purchase agreements.”

Bacolitsas v. 86th & 3rd Owner, LLC, 702 F.3d 673 (2d Cir. 2012). · cites it 22× “15 U.S.C. § 1703 (d). As one of our sister circuits observed recently, it is this feature of ILSA that has made the statute “an increasingly popular means of channeling buyer’s remorse into a legal defense to a breach of contract claim.”

Veneklase v. Bridgewater Condos, L.C., 670 F.3d 705 (6th Cir. 2012). · cites it 9× “The complaint alleged that Bridgewater violated the ILSFDA by failing to provide the Veneklases with a printed property report, as required by 15 U.S.C. § 1703 (a)(1)(B). The Veneklases also alleged that Bridge-water, in violation of 15 U.”

Degirmenci v. Sapphire-Fort Lauderdale, LLLP, 642 F. Supp. 2d 1344 (S.D. Fla. 2009). · cites it 20× “She seeks a declaration that she is entitled to rescission and the return of her escrow deposit, or alternatively, that she is entitled to the return of her escrow deposit in excess of 15%, and award of attorney’s fees and costs pursuant to 15 U.S.C. § 1703 (d)(3) and 24 C.F.R.…”

Streambend Props. II, LLC v. Ivy Tower Minneapolis, LLC, 781 F.3d 1003 (8th Cir. 2015). · cites it 5× “Six years later, Streambend filed a multi-count complaint in the District of Minnesota alleging state law contract, fraud, and statutory claims and violations of the Interstate Land Sales Full Disclosure Act (“ILSA”), 15 U.S.C. § 1703 (a)(2). The initial defendants were…”

Dean Beaver v. Tarsadia Hotels, 816 F.3d 1170 (9th Cir. 2016). · cites it 3× “Plaintiffs’ claim under-this particular prong of the statute is predicated on Defendants’ failure to comply with ILSA’s disclosure requirements, set forth in 15 U.S.C. §§ 1703 (a)(1)(A), 1703(a)(1)(B), and 1703(d).”

Taylor v. Holiday Isle, LLC, 561 F. Supp. 2d 1269 (S.D. Ala. 2008). · cites it 8× “Among other things, the June 5 letter asserted that Holiday Isle had violated 15 U.S.C. § 1703 , which requires a property report to be provided to the purchaser in advance of that purchaser executing the sales agreement, and which further requires certain contractual language…”

Pigott v. Sanibel Dev., LLC, 576 F. Supp. 2d 1258 (S.D. Ala. 2008). · cites it 10× “” 15 U.S.C. § 1703 (c). 19 Where a purchaser properly exercises his or her ILSFDA revocation rights under § 1703(c), “such purchaser or lessee shall be entitled to all money paid by him or her under such contract or agreement.”

Burns v. Duplin Land Dev., Inc., 621 F. Supp. 2d 292 (E.D.N.C. 2009). · cites it 16× “Plaintiffs contend that Duplin violated various provisions of the Interstate Land Sales Full Disclosure Act (“ILSFDA”), including 15 U.S.C. § 1703 (a)(1)(C). Section 1703(a)(1)(C) makes it unlawful for a developer such as Duplin to sell a “lot where any part of the statement of…”

Feeley v. Total Realty Mgmt., 660 F. Supp. 2d 700 (E.D. Va. 2009). · cites it 8× “C, § 1703(c) — revocations within two (2) years (Bank of America, Carolina First, Cooperative, SunTrust, BB & T, Woodlands, and Beach First); 7) revocation of contract pursuant to 15 U.S.C. § 1703 (c) — revocations within three (3) years (Bank of America, Carolina First,…”

Michael Burke v. 401 N. Wabash Venture, L.L.C., 714 F.3d 501 (7th Cir. 2013). · cites it 3× “No Violation of Interstate Land Sales Full Disclosure Act Burke also maintains he has stated claims for violations of the Interstate Land Sales Full Disclosure Act (“ILSFDA”), 15 U.”

Show all 221 citing cases →

— 15 U.S.C. § 1703(b) — 1 case

Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC), 472 B.R. 582 (Bankr. M.D. Fla. 2012).

— 15 U.S.C. § 1703(c) — 1 case

Venezia v. 12th & Div. Props., LLC, 679 F. Supp. 2d 842 (M.D. Tenn. 2009).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.