§ 1700.25 Principal divisions. The following Divisions have been established within the Office of Interstate Land Sales Registration: (a) Examination Division. (b) Land Sales Enforcement Division. (c) Policy Development and Control Division. (d) Field Review Division. [39 FR 19778, June 4, 1974, as amended at 43 FR 6580, Feb. 15, 1978] § 1700.30 Public information. (a) In general. The identifiable records of the Office of Interstate Land Sales Registration are subject to the provisions of 5 USC 552, as implemented by Part 15-Public Information, Subtitle A, of this title. (b) Availability of information and records. Information concerning land sales registrations and copies of statements of record may be obtained from the following address: Office of Interstate Land Sales Registration, Department of Housing and Urban Development, 451 Seventh Street, Sw., Washington, D.C. 20410. In addition, statements of record may be reviewed at such address on any business day from 9 a.m. to 4:15 p.m. (c) Nonapplicability of exemptions authorized by 5 USC 552. Section 1405(d) of the Act specifically provides that information contained in or filed with any statement of record shall be made available to the public. The exemptions from public disclosure authorized by 5 USC 552, as set forth in § 15.21 of this title, are not applicable to information contained in or filed with a statement of record. (d) Duplication fee—property report. Notwithstanding the provisions of § 15.14, Schedule of Fees, of this title, copies of a Property Report on file with the Office of Interstate Land Sales Registration will be provided upon request for a fixed fee of $2.50 per copy regardless of the number of pages duplicated. Payment may be made in cash or by check or money order payable to the Department of Housing and Urban Development. Personal checks are acceptable. (e) Duplication and ce required documents t States that accept Fede withstanding the provis Schedule of fees of this documents on file with Interstate Land Sales that are provided for the several states that filings will be provided for a fixed fee of $12.0 gardless of the number cated. (f) Methods of payme forth in paragraphs (d) section may be paid b sonal check, or by com by U.S. money orders; check payable to the T United States or to the Housing and Urban Postage stamps will n All other fees must forth in § 15.14(g) of Code of Federal Regula (Sec. 7(d), Department Urban Development Act, U.S.C. 3535(d), 1419); Secr of authority published at 3 [39 FR 19778, June 4, 19 40 FR 14753, Apr. 2, 1975] § 1700.35 Separability of If any clause, sente or part of these regul any reason, be adjudg of competent jurisdicti such judgment sha impair, or invalidate thereof, but shall be operation to the cl paragraph, or part the volved in the contro such judgment shall dered. Subpart B-Delega Authority and § 1700.80 Director of th vision, Office of In Registration, and D To the position of Examination Divisio state Land Sales 1 under his supervisio of Deputy Director 40-149 0-79--2 ed and assigned the following authorities and responsibilities: (a) To receive and examine all statements of record (other than those partial statements of record filed in connection with requests for Exemption Orders or Exemption Advisory Opinions) and property reports filed under the provisions of the Interstate Land Sales Full Disclosure Act and all amendments and corrections to such statements. (b) To determine the adequacy of disclosure of statements of record and property reports and amendments thereto and to effect corrections, additions, and deletions in such statements and reports deemed necessary achieve the purposes of the Interstate Land Sales Full Disclosure Act. to (c) To recommend to the Administrator that he find effective or declare not effective statements of record filed under the Interstate Land Sales Full Disclosure Act and to prepare evidence in connection with hearings and other administrative proceedings relative to statements of record declared not effective. § 1700.85 Director of the Land Sales Enforcement Division, Office of Interstate Land Sales Registration, and Deputy. To the position of Director of the Land Sales Enforcement Division, Office of Interstate Land Sales Registration, and under his supervision to the position of Deputy Director, there are delegated and assigned the following authorities and responsibilities: (a) To receive, examine, and make determination with respect to complaints arising from the alleged failure of a developer subject to the Act to comply with the requirements of the Act and Regulations issued thereunder and to negotiate resolutions of such complaints and compliance by such developers. (b) To recommend actions by the Administrator to achieve compliance by developers deemed subject to the Act who have not complied with any or all of the requirements of the Act and Regulations issued thereunder. (c) To conduct, on his own initiative, or in response to information received, reviews to determine the existence of such noncompliance an pliance with the requi Act and Regulations the (d) To recommend sus Administrator of statem on a determination of with the requirements Regulations thereunder. (e) To recommend ac permanent or tempora or restraining orders to p practices in violation of of the Act and Regulatio and to require complianc (f) To prepare eviden tion with hearings or o trative proceedings or i restraining orders in co suspensions of statement other action in connecti compliance under the Ac tions thereunder. § 1700.90 Director of the P ment and Control Divis Interstate Land Sales Re To the position of Dir Policy Development and sion there are delegated the following authorities a bilities: (a) To receive, examine, mend approval or disappro opers' claims and request tory and regulatory exem the Act. (b) To perform all functi to mail and correspondence (c) To develop and recom latory and legislative chang (d) To recommend offic review examinations to det sistency of application of o and to develop training p implement office policy as n (e) To maintain and coor efforts of the Office of Land Sales Registration wi forts of those State agenc responsibility for land sales § 1700.91 Director of the Field vision, Office of Interstate Registration. To the position of the D the Field Review Division, Interstate Land Sales Re there are delegated and ass following authorities and responsibilities: (a) To represent the Office of Interstate Land Sales Registration in the field and to provide field support to the other functional divisions of the Office. (b) To provide instructions and supervision to the Field staff and to serve as a liaison with other Office of Interstate Land Sales Registration staff and the Administrator. (c) To administer and supervise the specific functions of the staff, including the following: (1) Subdivision inspection to confirm the accuracy of disclosure in effective Property Reports; (2) Liaison with state and local officials dealing with subdivisions, planning, regulation, service and development; (3) Identification of developers who are in noncompliance with the Act; (4) Follow-up and fact-gathering services for the Central Office based staff including the administration of oaths and affirmations; and, (5) Recommendation of further enforcement action by OILSR and the HUD Office of Inspector General. (Sec. 7(d) of the Department of Housing § 1700.95 Acting Administrator. The Deputy Administrator and the Assistant Deputy Administrator in the order named, are designated by the Administrator to act in his place and stead in the event of his absence or inability to act, having the title of "Acting Administrator" with the powers, duties, and rights delegated by the Secretary's Delegation of Authority published in the FEDERAL REGISTER on March 9, 1972, 37 FR 5071. § 1700.100 Assistant Deputy Administrator. The Assistant Deputy Administrator is designated by the Administrator to perform routine matters concurrently with the Deputy Administrator. Subpart A-General Requirements § 1710.1 Definitions. As used in this chapter: (a) "Act" means the Interstate Land Sales Full Disclosure Act, 82 Stat. 590, 15 U.S.C. 1701, which became effective in its original form on April 28, 1969. (b) "Blanket encumbrance" means a trust deed, mortgage, judgment, or any other lien or encumbrance, including an option or contract to sell, or a trust agreement, affecting a subdivision or affecting more than one lot offered within a subdivision, except that such term shall not include any lien or other encumbrance arising as the result of the imposition of any tax assessments by any public authority. (c) "Date of filing" means the date a Statement of Record, amendment or consolidation, accompanied by the applicable fee, is received by the Secretary. (d) "Developer" means any person who, directly or indirectly, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision. (e) "Exemption advisory opinion" means the formal written decision of the Secretary, pursuant to § 1710.10 or § 1710.13, stating whether or not a particular method of sale is exempt from the requirements of this part. Such decision shall be issued on the basis of an examination of the information submitted and will not be considered binding if such information is incomplete or inaccurate in any material respect. (f) "Exemption order" means the formal written decision of the Secretary, pursuant to § 1710.14, to exempt any subdivision or any lots in a subdivision from the requirements of this part. (g) "Interstate Commerce" means trade or commerce among the several States or between any foreign country and any State. (h) "Lot" means any portion, piece, division, unit, or undivided interest in land if such interest includes the right to the exclusive use of a specific portion of the land. (i) "Offer" means any inducement, solicitation, or attempt to encourage a person to acquire sion. (j) “OILSR” mea terstate Land Sales (k) "Person" mea an unincorporated nership, associat trust, or estate. (1) "Purchaser” m prospective purchas in a subdivision. (m) “Rules and re all rules and regula suant to the Act, inc requirements publish (n) "Sale" means arrangement for con chase or lease a lot di ly. The terms "sale" in their meanings t and "lessor". (o) "Secretary" mea of Housing and Urbar his duly authorized re (p) "State" includ States, the District o Commonwealth of P the territories and po United States. (q) "Subdivision" m located in any State country, which is divid to be divided into 50 whether contiguous o purpose of sale or lea common promotional p subdivided land is offe lease by a single develo of developers acting i where such land is co known, designated, or a common unit or by a c such land shall be pres regard to the number o by each individual offe offered for sale or lease common promotional pla [38 FR 23875, Sept. 4, 1973, 39 FR 38098, Oct. 29, 1974] ire affice of Interstate Land Sales Registra tion, HUD Building, 451 Seventh Street hears SW., Washington, DC 20410. les Reg eans ed Orga means ser a 1710.5 General applicability. Except in the case of an exempt ation ransaction, a developer may not sell ›r lease lots in a subdivision, making ise of any means or instruments of ransportation or communication in interstate commerce or of the mails, unless a Statement of Record is in gula effect in accordance with the provition sions of this part; and the developer Juding furnishes each purchaser with a printedited Property Report, meeting the reany quirements of the provisions of this ider part, in advance of the signing of any rectly contract or agreement for sale or lease by the purchaser. As used in this part, "lots" shall include lots located in any state or in a foreign country. s the [38 FR 23875, Sept. 4, 1973, as amended at 39 FR 38098, Oct. 29, 1974] Devei § 1710.10 Statutory exemptions. The requirements of this chapter shall not apply to: (a) The sale or lease of real estate not pursuant to a common promotional plan to offer or sell 50 or more lots in a subdivision. (b) The sale or lease of lots in a subdivision, all of which are 5 acres or more in size. (c) The sale or lease of any lots on which there is a residential, commercial, or industrial building, or to the sale or lease of land under a contract obligating the seller to erect such a building thereon within a period of 2 years. (d) The sale or lease of real estate under or pursuant to court order. (e) The sale of evidences of indebtedness secured by a mortgage or deed of trust on real estate. (f) The sale of securities issued by a real estate investment trust. (g) The sale or lease of real estate by any government or government agency. (h) The sale or lease of cemetery lots. (i) The sale or lease of lots to any person who acquires such lots for the purpose of engaging in the business of constructing residential, commercial or industrial buildings pose of resale or lease persons engaged in sud (j) The sale or leas which is zoned by the ernmental authority commercial developme (1) Local authorities access from such real e street or highway; (2) The purchaser o real estate is a duly or tion, partnership, tru entity engaged in com trial business; (3) The purchaser o real estate is represent action of sale or lease tive of its own selection (4) The purchaser o real estate affirms in seller that it either (i) leasing such real esta for its own use or (ii commitment to sell, le such real estate to a meets the requiremen (j)(2) of this section, commercial or industri is not affiliated with agent; and (5) A policy of title in opinion is issued in d the transaction showi the real estate purcha vested in the seller of only to such exception proved in writing by su the lessee prior to rec instrument of conveya of the lease, but (i) shall be construed as cordation of a lease, a chaser or lessee may in a separate docume ment of this paragra of title insurance or issued in connection tion. The foregoing exemp ble where the parti cumstances of the s the express require emption provision. decision is required, advisory opinion pu may be obtained if d |