15 U.S.C. § 1704

Registration of subdivisions

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(a) Filing of statement of record

A subdivision may be registered by filing with the Director a statement of record, meeting the requirements of this chapter and such rules and regulations as may be prescribed by the Director in furtherance of the provisions of this chapter. A statement of record shall be deemed effective only as to the lots specified therein.

(b) Payment of fees; use by Director

At the time of filing a statement of record, or any amendment thereto, the developer shall pay to the Director a fee, not in excess of $1,000, in accordance with a schedule to be fixed by the regulations of the Director, which fees may be used by the Director to cover all or part of the cost of rendering services under this chapter, and such expenses as are paid from such fees shall be considered nonadministrative.

The filing with the Director of a statement of record, or of an amendment thereto, shall be deemed to have taken place upon the receipt thereof, accompanied by payment of the fee required by subsection (b).

(d) Availability of information to public

The information contained in or filed with any statement of record shall be made available to the public under such regulations as the Director may prescribe and copies thereof shall be furnished to every applicant at such reasonable charge as the Director may prescribe.

(Pub. L. 90–448, title XIV, § 1405, Aug. 1, 1968, 82 Stat. 592; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)Editorial NotesAmendments

2010—Pub. L. 111–203 substituted “Director” for “Secretary” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment 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.

Notes of Decisions

Cited in 21 cases, 1973–2015 · leading case: Flint Ridge Dev. Co. v. Scenic Rivers Assn. of Okla., 426 U.S. 776 (1976).

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Flint Ridge Dev. Co. v. Scenic Rivers Assn. of Okla., 426 U.S. 776 (1976). “§§ 1405, 1407 (a) of the Disclosure Act, 15 U. S. C. §§ 1704 , 1706(a). If the Secretary determines that the statement of record is on its face incomplete or inaccurate in any material respect, and so notifies the developer within 30 days of filing, the effective date is…”

Pierce v. Apple Valley, Inc., 597 F. Supp. 1480 (S.D. Ohio 1984). · cites it 2× “15 U.S.C. §§ 1704 , 1705. In addition, sellers are required to furnish a property report to prospective purchasers containing information required by the Secretary of HUD.”

Leo A. Lukenas & Geraldine R. Lukenas, Etc., on Behalf of Themselves & All Others Similarly Situated v. Bryce's Mountain Resort, Inc., 538 F.2d 594 (4th Cir. 1976). “15 U.S.C. § 1704 . 10 . 15 U.S.C. § 1707 .”

Kenneally v. Bank of Nova Scotia, 711 F. Supp. 2d 1174 (S.D. Cal. 2010). · cites it 2× “The Land Sales Act requires developers of unimproved subdivided lots to (1) file a Statement of Record with the Secretary of HUD, 15 U.S.C. § 1704 , and (2) provide potential purchasers with a detailed Property Report before signing a contract of sale.”

Bacolitsas v. 86th & 3rd Owner, LLC, 702 F.3d 673 (2d Cir. 2012). “” 15 U.S.C. §§ 1704 (a), 1705(2), 1705(8). Two conclusions flow from these provisions.”

Pigott v. Sanibel Dev., LLC, 576 F. Supp. 2d 1258 (S.D. Ala. 2008). “The ILSFDA's requirement that developers register certain lots with HUD pursuant to 15 U.S.C. § 1704 appears distinct from the statutory requirement that a property report be furnished to purchasers pursuant to 15 U.”

Husted v. Amrep Corp., 429 F. Supp. 298 (S.D.N.Y. 1977). “15 U.S.C. §§ 1704 ,1705. Nonexempt land may not be sold until the statement of record becomes effective, and the Secretary has power to suspend the effective dates of statements of records if it appears “on its face incomplete or inaccurate in any material respect.”

Jankus v. Edge Investors, L.P., 650 F. Supp. 2d 1248 (S.D. Fla. 2009). “Thus, before selling or leasing any non-exempt "lot,” a developer or agent engaged in interstate land sales must first (1) file a "statement of record” with the Department of Housing and Urban Development (“HUD”) pursuant to 15 U.S.C. § 1704 , and (2) provide a “property report”…”

Cost Control Mktg. & Mgmt., Inc. v. Samuel R. Pierce, Jr., Sec'y of the Dep't of Hous. & Urban Dev., 848 F.2d 47 (3rd Cir. 1988). “Under the Act, the Secretary has power to investigate potential violations and to seek to enjoin acts or practices which violate the Act.”

Bartley v. Merrifield Town Ctr. Ltd. P'ship, 580 F. Supp. 2d 495 (E.D. Va. 2008). “15 U.S.C. § 1704 . The statement of record must contain numerous disclosures, including the identification of interested persons, a legal description of the entire property, the condition of title, the price of the lots being sold, and a description of the access, nuisances,…”

Jankus v. Edge Investors, L.P., 619 F. Supp. 2d 1328 (S.D. Fla. 2009). “Thus, before selling or leasing any lot not exempt under § 1702 2 , a devel *1334 oper or agent engaged in interstate land sales must first (1) file a “statement of record” with the Department of Housing and Urban Development (“HUD”) pursuant to 15 U.S.C. § 1704 , 3 and (2)…”

Hoffman v. Charnita, Inc., 58 F.R.D. 86 (M.D. Penn. 1973). “Count I of plaintiffs’ complaint alleges that the property report distributed by the defendants to each land purchaser and incorporated in the statement of record required to be filed with the Department of Housing and Urban Development pursuant to § 1405 of the Interstate Land…”

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