---
kind: "range"
citation: "15 U.S.C. §§ 1704–1707"
title: "15"
from: "1704"
to: "1707"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/15/1704..1707"
---

# §1704. Registration of subdivisions

- (a) **Filing of statement of record—** A [subdivision](/usc/15/1701.md?p=3) may be registered by filing with the [Director](/usc/15/1701.md?p=1) a statement of record, meeting the requirements of this chapter and such rules and regulations as may be prescribed by the [Director](/usc/15/1701.md?p=1) 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](/usc/15/1701.md?p=5) shall pay to the [Director](/usc/15/1701.md?p=1) a fee, not in excess of $1,000, in accordance with a schedule to be fixed by the regulations of the [Director](/usc/15/1701.md?p=1), which fees may be used by the [Director](/usc/15/1701.md?p=1) 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.
- (c) **Filing deemed to have taken place upon receipt of statement of record accompanied by fee—** The filing with the [Director](/usc/15/1701.md?p=1) 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)](#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](/usc/15/1701.md?p=1) may prescribe and copies thereof shall be furnished to every [applicant](/usc/15/7a.md?p=3) at such reasonable charge as the [Director](/usc/15/1701.md?p=1) may prescribe.

# §1705. Information required in statement of record


The statement of record shall contain the information and be accompanied by the documents specified hereinafter in this section—

- (1) the name and address of each [person](/usc/15/1701.md?p=2) having an interest in the lots in the [subdivision](/usc/15/1701.md?p=3) to be covered by the statement of record and the extent of such interest;
- (2) a legal description of, and a statement of the total area included in, the [subdivision](/usc/15/1701.md?p=3) and a statement of the topography thereof, together with a map showing the division proposed and the dimensions of the lots to be covered by the statement of record and their relation to existing streets and roads;
- (3) a statement of the condition of the title to the land comprising the [subdivision](/usc/15/1701.md?p=3), including all encumbrances and deed restrictions and covenants applicable thereto;
- (4) a statement of the general terms and conditions, including the range of selling prices or rents at which it is proposed to dispose of the lots in the [subdivision](/usc/15/1701.md?p=3);
- (5) a statement of the present condition of access to the [subdivision](/usc/15/1701.md?p=3), the existence of any unusual conditions relating to noise or safety which affect the [subdivision](/usc/15/1701.md?p=3) and are known to the [developer](/usc/15/1701.md?p=5), the availability of sewage disposal facilities and other public utilities (including water, electricity, gas, and telephone facilities) in the [subdivision](/usc/15/1701.md?p=3), the proximity in miles of the [subdivision](/usc/15/1701.md?p=3) to nearby municipalities, and the nature of any improvements to be installed by the [developer](/usc/15/1701.md?p=5) and his estimated schedule for completion;
- (6) in the case of any [subdivision](/usc/15/1701.md?p=3) or portion thereof against which there exists a [blanket encumbrance](/usc/15/1701.md?p=7), a statement of the consequences for an individual [purchaser](/usc/15/1701.md?p=10) of a failure, by the [person](/usc/15/1701.md?p=2) or [persons](/usc/15/1701.md?p=2) bound, to fulfill obligations under the instrument or instruments creating such encumbrance and the steps, if any, taken to protect the [purchaser](/usc/15/1701.md?p=10) in such eventuality;
- (7)
  - (A) copy of its articles of incorporation, with all amendments thereto, if the [developer](/usc/15/1701.md?p=5) is a corporation; (B) copies of all instruments by which the trust is created or declared, if the [developer](/usc/15/1701.md?p=5) is a trust; (C) copies of its articles of partnership or [association](/usc/15/657h.md?p=a-2) and all other papers pertaining to its organization, if the [developer](/usc/15/1701.md?p=5) is a partnership, unincorporated [association](/usc/15/657h.md?p=a-2), joint stock company, or any other form of organization; and (D) if the purported holder of legal title is a [person](/usc/15/1701.md?p=2) other than [developer](/usc/15/1701.md?p=5), copies of the above documents for such [person](/usc/15/1701.md?p=2);
- (8) copies of the deed or other instrument establishing title to the [subdivision](/usc/15/1701.md?p=3) in the [developer](/usc/15/1701.md?p=5) or other [person](/usc/15/1701.md?p=2) and copies of any instrument creating a lien or encumbrance upon the title of [developer](/usc/15/1701.md?p=5) or other [person](/usc/15/1701.md?p=2) or copies of the opinion or opinions of counsel in respect to the title to the [subdivision](/usc/15/1701.md?p=3) in the [developer](/usc/15/1701.md?p=5) or other [person](/usc/15/1701.md?p=2) or copies of the title insurance policy guaranteeing such title;
- (9) copies of all forms of conveyance to be used in selling or leasing lots to [purchasers](/usc/15/1701.md?p=10);
- (10) copies of instruments creating easements or other restrictions;
- (11) such certified and uncertified financial statements of the [developer](/usc/15/1701.md?p=5) as the [Director](/usc/15/1701.md?p=1) may require; and
- (12) such other information and such other documents and certifications as the [Director](/usc/15/1701.md?p=1) may require as being reasonably necessary or appropriate for the protection of [purchasers](/usc/15/1701.md?p=10).

# §1706. Effective date of statements of record and amendments thereto

- (a) **Thirtieth day after filing or such earlier date as determined by Director; consolidation of subsequent statement with earlier recording—** Except as hereinafter provided, the effective date of a statement of record, or any amendment thereto, shall be the thirtieth day after the filing thereof or such earlier date as the [Director](/usc/15/1701.md?p=1) may determine, having due regard to the public interest and the protection of [purchasers](/usc/15/1701.md?p=10). If any amendment to any such statement is filed prior to the effective date of the statement, the statement shall be deemed to have been filed when such amendment was filed; except that such an amendment filed with the consent of the [Director](/usc/15/1701.md?p=1), or filed pursuant to an [order](/usc/15/8702.md?p=14) of the [Director](/usc/15/1701.md?p=1), shall be treated as being filed as of the date of the filing of the statement of record. When a [developer](/usc/15/1701.md?p=5) records additional lands to be offered for disposition, he may consolidate the subsequent statement of record with any earlier recording offering subdivided land for disposition under the same promotional plan. At the time of consolidation the [developer](/usc/15/1701.md?p=5) shall include in the consolidated statement of record any material changes in the information contained in the earlier statement.
- (b) **Incomplete or inaccurate statements of record—** If it appears to the [Director](/usc/15/1701.md?p=1) that a statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the [Director](/usc/15/1701.md?p=1) shall so advise the [developer](/usc/15/1701.md?p=5) within a reasonable time after the filing of the statement or the amendment, but prior to the date the statement or amendment would otherwise be effective. Such notification shall serve to suspend the effective date of the statement or the amendment until thirty days after the [developer](/usc/15/1701.md?p=5) files such additional information as the [Director](/usc/15/1701.md?p=1) shall require. Any [developer](/usc/15/1701.md?p=5), upon receipt of such notice, may request a hearing, and such hearing shall be held within twenty days of receipt of such request by the [Director](/usc/15/1701.md?p=1).
- (c) **Amendment of statement of record—** If, at any time subsequent to the effective date of a statement of record, a change shall occur affecting any material fact required to be contained in the statement, the [developer](/usc/15/1701.md?p=5) shall promptly file an amendment thereto. Upon receipt of any such amendment, the [Director](/usc/15/1701.md?p=1) may, if he determines such action to be necessary or appropriate in the public interest or for the protection of [purchasers](/usc/15/1701.md?p=10), suspend the statement of record until the amendment becomes effective.
- (d) **Suspension of statement of record containing untrue statement or omission to state material fact; notice and hearing; termination of order of suspension—** If it appears to the [Director](/usc/15/1701.md?p=1) at any time that a statement of record, which is in effect, includes any untrue statement of a material fact or omits to [state](/usc/15/1701.md?p=9) any material fact required to be stated therein or necessary to make the statements therein not misleading, the [Director](/usc/15/1701.md?p=1) may, after notice, and after opportunity for hearing (at a time fixed by the [Director](/usc/15/1701.md?p=1)) within fifteen days after such notice, issue an [order](/usc/15/8702.md?p=14) suspending the statement of record. When such statement has been amended in accordance with such [order](/usc/15/8702.md?p=14), the [Director](/usc/15/1701.md?p=1) shall so declare and thereupon the [order](/usc/15/8702.md?p=14) shall cease to be effective.
- (e) **Examination to determine issuance of order; access to records; order suspending statement of record upon failure to cooperate—** The [Director](/usc/15/1701.md?p=1) is hereby empowered to make an examination in any case to determine whether an [order](/usc/15/8702.md?p=14) should issue under [subsection (d)](#d). In making such examination, the [Director](/usc/15/1701.md?p=1) or anyone designated by him shall have access to and may demand the production of any books and papers of, and may administer oaths and affirmations to and examine, the [developer](/usc/15/1701.md?p=5), any [agents](/usc/15/1701.md?p=6) or any other [person](/usc/15/1701.md?p=2), in respect of any matter relevant to the examination. If the [developer](/usc/15/1701.md?p=5) or any [agents](/usc/15/1701.md?p=6) shall fail to cooperate, or shall obstruct or refuse to permit the making of an examination, such conduct shall be proper ground for the issuance of an [order](/usc/15/8702.md?p=14) suspending the statement of record.
- (f) **Service of notices—** Any notice required under this section shall be sent to or served on the [developer](/usc/15/1701.md?p=5) or his authorized [agent](/usc/15/1701.md?p=6).

# §1707. Property report

- (a) **Contents of report—** A property report relating to the lots in a [subdivision](/usc/15/1701.md?p=3) shall contain such of the information contained in the statement of record, and any amendments thereto, as the [Director](/usc/15/1701.md?p=1) may deem necessary, but need not include the documents referred to in [paragraphs (7) to (11)](#a-7..a-11), inclusive, of [section 1705 of this title](/usc/15/1705.md). A property report shall also contain such other information as the [Director](/usc/15/1701.md?p=1) may by rules or regulations require as being necessary or appropriate in the public interest or for the protection of [purchasers](/usc/15/1701.md?p=10).
- (b) **Promotional use—** The property report shall not be used for any promotional purposes before the statement of record becomes effective and then only if it is used in its entirety. No [person](/usc/15/1701.md?p=2) may advertise or represent that the [Director](/usc/15/1701.md?p=1) approves or recommends the [subdivision](/usc/15/1701.md?p=3) or the sale or lease of lots therein. No portion of the property report shall be underscored, italicized, or printed in larger or bolder type than the balance of the statement unless the [Director](/usc/15/1701.md?p=1) requires or permits it.