15 U.S.C. § 1708

Certification of substantially equivalent State law

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(a) Criteria; request by State(1) A State shall be certified if the Director determines—(A) that, when taken as a whole, the laws and regulations of the State applicable to the sale or lease of lots not exempt under section 1702 of this title require the seller or lessor of such lots to disclose information which is at least substantially equivalent to the information required to be disclosed by section 1707 of this title; and(B) that the State’s administration of such laws and regulations provides, to the maximum extent practicable, that such information is accurate.(2) In the case of any State which is not certified under paragraph (1), such State shall be certified if the Director determines—(A) that, when taken as a whole, the laws and regulations of the State applicable to the sale or lease of lots not exempt under section 1702 of this title provide sufficient protection for purchasers and lessees with respect to the matters for which information is required to be disclosed by section 1707 of this title but which is not required to be disclosed by such State’s laws and regulations; and(B) that the State’s administration of such laws and regulations provides, to the maximum extent practicable, that (i) information required to be disclosed by such laws and regulations is accurate, and (ii) sufficient protection for purchasers and lessees is made available with respect to the matters for which information is not required to be disclosed.(3) Any State requesting certification must agree to accept a property report covering land located in another certified State but offered for sale or lease in the State requesting certification if the property report has been approved by the other certified State. Such property report shall be the only property report required by the State with respect to the sale or lease of such land.(b) Filing of State disclosure materials and related documentation for purposes of Federal statement of record and property report requirements; acceptance by Director

After the Director has certified a State under subsection (a), the Director shall accept for filing under sections 1704 through 1707 of this title (and declare effective as the Federal statement of record and property report which shall be used in all States in which the lots are offered for sale or lease) disclosure materials found acceptable, and any related documentation required, by State authorities in connection with the sale or lease of lots located within the State. The Director may accept for such filing, and declare effective as the Federal statement of record and property report, such materials and documentation found acceptable by the State in connection with the sale or lease of lots located outside that State. Nothing in this subsection shall preclude the Director from exercising the authority conferred by subsections (d) and (e) of section 1706 of this title.

If a State fails to meet the standards for certification pursuant to subsection (a), the Director shall notify the State in writing of the changes in State law, regulation, or administration that are needed in order to obtain certification.

(d) Periodic review of certified States’ laws, regulations, and administration; withdrawal of certification

The Director shall periodically review the laws and regulations, and the administration thereof, of States certified under subsection (a), and may withdraw such certification upon a determination that such laws, regulations, and the administration thereof, taken as a whole, no longer meet the requirements of subsection (a).

(e) State and local governmental authorities affected; cooperation with State authorities

Nothing in this chapter may be construed to prevent or limit the authority of any State or local government to enact and enforce with regard to the sale of land any law, ordinance, or code not in conflict with this chapter. In administering this chapter, the Director shall cooperate with State authorities charged with the responsibility of regulating the sale or lease of lots which are subject to this chapter.

(Pub. L. 90–448, title XIV, § 1409, Aug. 1, 1968, 82 Stat. 594; Pub. L. 96–153, title IV, § 404, Dec. 21, 1979, 93 Stat. 1129; 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.

1979—Subsec. (a). Pub. L. 96–153 substituted provisions setting forth criteria for determinations respecting certifications of substantially equivalent State law for purposes of disclosure requirements of this chapter, for provisions relating to cooperation with State authorities in administering this chapter.

Subsec. (b). Pub. L. 96–153 substituted provisions relating to filing requirements for State disclosure materials and related documentation for purposes of Federal statement of record and property report requirements, for provisions relating to the jurisdiction of the particular State real estate commission or similar body.

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

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 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

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 12 cases, 1985–2016 · leading case: Dean Beaver v. Tarsadia Hotels, 816 F.3d 1170 (9th Cir. 2016).

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Dean Beaver v. Tarsadia Hotels, 816 F.3d 1170 (9th Cir. 2016). · cites it 2× “” 15 U.S.C. § 1708 (e). Moreover, ILSA offers a procedure where state disclosure laws that are “substantially equivalent” to ILSA’s disclosure provisions may be formally certified as such to facilitate compliance and enforcement.”

Beaver v. Tarsadia Hotels, 29 F. Supp. 3d 1294 (S.D. Cal. 2014). · cites it 6× “Specifically, they argue that the ILSA invites states to enact parallel laws that are stricter than the ILSA under 15 U.S.C. § 1708 and § 1713. Since the ILSA has no preemptive effect, which is the only way federal law can displace state law, courts have the authority to apply…”

Bodansky v. Fifth on the Park Condo, LLC, 635 F.3d 75 (2d Cir. 2011). · cites it 2× “15 U.S.C. § 1708 (a); see also 24 C.F.R. § 1710.”

Cranberry Hill Corp. v. Shaffer, 629 F. Supp. 628 (N.D.N.Y. 1986). · cites it 6× “15 U.S.C. § 1708 (a). In the present action defendant argues first that out-of-state subdivision lots are not objects of interstate trade which are subject to Commerce Clause protection.”

Harvey v. Lake Buena Vista Resort, LLC, 568 F. Supp. 2d 1354 (M.D. Fla. 2008). “See 15 U.S.C. § 1708 (c)-(e). Plaintiffs are also entitled to their attorney’s fees, costs, and other expenses.”

Pigott v. Sanibel Dev., LLC, 576 F. Supp. 2d 1258 (S.D. Ala. 2008). “See 15 U.S.C. § 1708 (a)(1)(B) (declaring it unlawful for a developer to use means of communication in interstate commerce “to sell or lease any lot unless a printed property report .”

Degirmenci v. Sapphire-Fort Lauderdale, LLLP, 642 F. Supp. 2d 1344 (S.D. Fla. 2009). “ry 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,…”

Grove Towers, Inc. v. Lopez, 467 So. 2d 358 (Fla. 3d DCA 1985). “[7] Given the stringency of Florida's land sales and condominium laws, appellant may well have been able to receive a certificate of substantially equivalent state law under 15 U.S.C. § 1708 , which would have obviated the need to comply with the registration and disclosure…”

Old Coach Dev. Corp., Inc. v. Tanzman, 692 F. Supp. 424 (D.N.J. 1988). · cites it 2× “However, 15 U.S.C. § 1708 (e) states in relevant part: “Nothing in this chapter may be construed to prevent or limit the authority of any State or local government to enact and enforce with regard to the sale of land any law, ordinance, or code not in conflict with this chapter.”

Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC), 472 B.R. 582 (Bankr. M.D. Fla. 2012). “Even though Plaintiffs are not entitled to the automatic statutory revocation remedies provided in 15 U.S.C. § 1708 (c) because they did not attempt to revoke their contracts within two years from the date of signing the purchase contracts, they may still be entitled to the…”

Indomenico v. 123 Washington, LLC, 813 F. Supp. 2d 403 (S.D.N.Y. 2011). “3d at 86 (citing 15 U.S.C. § 1708 (c); 24 C.F.R. § 1710.500 ).”

PFW, Inc. v. Residences at Little Nell Dev., LLC, 292 P.3d 1094 (Colo. Ct. App. 2012). “If these requirements are not met, a purchaser has a right of rescission under 15 U.S.C. § 1708 . See also 15 U.S.C. § 1709 (right to sue).”

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