---
kind: "section"
citation: "15 U.S.C. § 1708"
title: "15"
title_heading: "Commerce and Trade"
number: "1708"
heading: "Certification of substantially equivalent State law"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/1708"
units:
  - "Chapter 42 — Interstate Land Sales"
---

# §1708. Certification of substantially equivalent State law

- (a) **Criteria; request by State—**
  - (1) A [State](/usc/15/1701.md?p=9) shall be certified if the [Director](/usc/15/1701.md?p=1) determines—
    - (A) that, when taken as a whole, the laws and regulations of the [State](/usc/15/1701.md?p=9) applicable to the sale or lease of lots not exempt under [section 1702 of this title](/usc/15/1702.md) 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](/usc/15/1707.md); and
    - (B) that the [State](/usc/15/1701.md?p=9)’s [administration](/usc/15/636e.md?p=1) of such laws and regulations provides, to the maximum extent practicable, that such information is accurate.
  - (2) In the case of any [State](/usc/15/1701.md?p=9) which is not certified under [paragraph (1)](#a-1), such [State](/usc/15/1701.md?p=9) shall be certified if the [Director](/usc/15/1701.md?p=1) determines—
    - (A) that, when taken as a whole, the laws and regulations of the [State](/usc/15/1701.md?p=9) applicable to the sale or lease of lots not exempt under [section 1702 of this title](/usc/15/1702.md) provide sufficient protection for [purchasers](/usc/15/1701.md?p=10) and lessees with respect to the matters for which information is required to be disclosed by [section 1707 of this title](/usc/15/1707.md) but which is not required to be disclosed by such [State](/usc/15/1701.md?p=9)’s laws and regulations; and
    - (B) that the [State](/usc/15/1701.md?p=9)’s [administration](/usc/15/636e.md?p=1) 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](/usc/15/1701.md?p=10) and lessees is made available with respect to the matters for which information is not required to be disclosed.
  - (3) Any [State](/usc/15/1701.md?p=9) requesting certification must agree to accept a property report covering land located in another certified [State](/usc/15/1701.md?p=9) but offered for sale or lease in the [State](/usc/15/1701.md?p=9) requesting certification if the property report has been approved by the other certified [State](/usc/15/1701.md?p=9). Such property report shall be the only property report required by the [State](/usc/15/1701.md?p=9) 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](/usc/15/1701.md?p=1) has certified a [State](/usc/15/1701.md?p=9) under [subsection (a)](#a), the [Director](/usc/15/1701.md?p=1) shall accept for filing under sections [1704](/usc/15/1704.md) through [1707](/usc/15/1707.md) of this title (and declare effective as the Federal statement of record and property report which shall be used in all [States](/usc/15/1701.md?p=9) in which the lots are offered for sale or lease) disclosure materials found acceptable, and any related documentation required, by [State](/usc/15/1701.md?p=9) authorities in connection with the sale or lease of lots located within the [State](/usc/15/1701.md?p=9). The [Director](/usc/15/1701.md?p=1) 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](/usc/15/1701.md?p=9) in connection with the sale or lease of lots located outside that [State](/usc/15/1701.md?p=9). Nothing in this subsection shall preclude the [Director](/usc/15/1701.md?p=1) from exercising the authority conferred by subsections (d) and (e) of [section 1706 of this title](/usc/15/1706.md).
- (c) **Notice to State upon failure to meet requirements and remedial action necessary for certification—** If a [State](/usc/15/1701.md?p=9) fails to meet the standards for certification pursuant to [subsection (a)](#a), the [Director](/usc/15/1701.md?p=1) shall notify the [State](/usc/15/1701.md?p=9) in writing of the changes in [State](/usc/15/1701.md?p=9) law, regulation, or [administration](/usc/15/636e.md?p=1) that are needed in order to obtain certification.
- (d) **Periodic review of certified States’ laws, regulations, and administration; withdrawal of certification—** The [Director](/usc/15/1701.md?p=1) shall periodically review the laws and regulations, and the [administration](/usc/15/636e.md?p=1) thereof, of [States](/usc/15/1701.md?p=9) certified under [subsection (a)](#a), and may withdraw such certification upon a determination that such laws, regulations, and the [administration](/usc/15/636e.md?p=1) thereof, taken as a whole, no longer meet the requirements of [subsection (a)](#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](/usc/15/1701.md?p=9) or [local government](/usc/15/34.md?p=1) 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](/usc/15/1701.md?p=1) shall cooperate with [State](/usc/15/1701.md?p=9) authorities charged with the responsibility of regulating the sale or lease of lots which are subject to this chapter.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

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 Subsidiaries

### Effective 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.