Section 55-1801 – TITLE.
55-1801. TITLE. This chapter shall be known and may be cited as the "Subdivided Lands Disposition Act." History: [55-1801, added 1972, ch. 276, sec. 1, p. 667; am. 2010, ch. 214, sec. 1, p. 468.]
Section 55-1802 – DEFINITIONS.
55-1802. DEFINITIONS. When used in this chapter, unless the context otherwise requires: (1) "Commission" means the Idaho real estate commission. (2) "Disposition" includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken for gain or profit. (3) "Offer" includes any inducement, solicitation or attempt to encourage a person to […]
Section 55-1803 – ADMINISTRATION OF CHAPTER.
55-1803. ADMINISTRATION OF CHAPTER. This chapter shall be administered by the Idaho real estate commission. History: [55-1803, added 1972, ch. 276, sec. 3, p. 667; am. 2010, ch. 214, sec. 3, p. 469.]
Section 55-1804 – PROHIBITIONS ON DISPOSITIONS OF INTERESTS IN SUBDIVISIONS.
55-1804. PROHIBITIONS ON DISPOSITIONS OF INTERESTS IN SUBDIVISIONS. Unless the subdivided lands or the transaction is exempt under section 55-1805, Idaho Code, it shall be unlawful for any person to make in this state: (1) Any offer or disposition of any interest in subdivided lands located without this state prior to the time that the […]
Section 55-1804A – RIGHT OF RESCISSION.
55-1804A. RIGHT OF RESCISSION. Any contract or agreement of disposition for an interest in subdivided lands may be rescinded by the purchaser without cause by personally delivering or sending by certified mail, a written notice of cancellation to the subdivider on or before 11:59 p.m. of the fifth calendar day after execution of the contract […]
Section 55-1805 – EXEMPTIONS.
55-1805. EXEMPTIONS. (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land: (a) By a purchaser of subdivided lands for his own account in a single or isolated transaction; (b) If […]
Section 55-1806 – APPLICATION FOR REGISTRATION.
55-1806. APPLICATION FOR REGISTRATION. (1) The application for registration of subdivided lands shall be filed as prescribed by the commission and shall contain the following documents and information: (a) An irrevocable appointment of the commission to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or his […]
Section 55-1807 – PUBLIC OFFERING STATEMENT.
55-1807. PUBLIC OFFERING STATEMENT. (1) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public offering statement submitted to the commission shall be in a form prescribed […]
Section 55-1808 – EXAMINATION BY COMMISSION OF APPLICATION FOR REGISTRATION.
55-1808. EXAMINATION BY COMMISSION OF APPLICATION FOR REGISTRATION. Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination of the application for registration to determine that: (1) The requirements of section 55-1806, Idaho Code, have been satisfied, the subdivider can convey or cause to be conveyed the interest […]
Section 55-1809 – NOTICE OF FILING — REGISTRATION — REJECTION OF APPLICATION — FEES.
55-1809. NOTICE OF FILING — REGISTRATION — REJECTION OF APPLICATION — FEES. (1) Upon receipt of the application for registration in proper form and of a base registration fee of two hundred fifty dollars ($250), the commission shall issue a notice of filing to the applicant. In addition to the base registration fee, the following […]
Section 55-1810 – RENEWAL REPORT — DUTY TO REPORT CONVICTIONS AND JUDGMENTS.
55-1810. RENEWAL REPORT — DUTY TO REPORT CONVICTIONS AND JUDGMENTS. (1) The subdivider shall file a renewal report in the form prescribed by the commission. The renewal report shall reflect any material changes in information contained in the original application for registration. The renewal report must be filed with the renewal application not later than […]
Section 55-1811 – GENERAL POWERS AND DUTIES.
55-1811. GENERAL POWERS AND DUTIES. (1) The commission shall have the authority to promulgate, to amend and to repeal reasonable rules for the administration and enforcement of this chapter. Such rules may include provisions for advertising standards to assure full and fair disclosure; provisions for bond, escrow or trust agreements or other means to assure […]
Section 55-1812 – FRAUDULENT PRACTICES.
55-1812. FRAUDULENT PRACTICES. It shall be a fraudulent practice and it shall be unlawful: (1) For any person knowingly to subscribe to or make or cause to be made any materially false statement or representation in any application, financial statement or other document or statement required to be filed under any provision of this chapter, […]
Section 55-1813 – INVESTIGATIONS AND PROCEEDINGS.
55-1813. INVESTIGATIONS AND PROCEEDINGS. (1) The commission may investigate any subdivision offered for disposition in this state and the actions of any person who makes any offer or disposition of subdivided lands requiring registration under this chapter. In the conduct of the investigation, the commission may: (a) Rely upon any relevant information concerning a subdivision […]
Section 55-1814 – CEASE AND DESIST ORDERS.
55-1814. CEASE AND DESIST ORDERS. (1) If the commission determines after notice and hearing that a person has: (a) Violated any provision of this chapter; (b) Directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional or sales methods to offer or dispose of an interest in subdivided […]
Section 55-1815 – REVOCATION.
55-1815. REVOCATION. (1) A registration may be revoked by the commission after notice and hearing upon a written finding of fact that the subdivider has: (a) Failed to maintain the requirements for continued registration; (b) Failed to comply with the terms of a cease and desist order; (c) In any court or administrative tribunal, been […]
Section 55-1816 – JUDICIAL REVIEW.
55-1816. JUDICIAL REVIEW. A person who has exhausted all administrative remedies available within the commission and who is aggrieved by any final decision of the commission is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code. History: [55-1816, added 1972, ch. 276, sec. 16, p. 667.]
Section 55-1817 – REAL ESTATE LICENSE REQUIRED.
55-1817. REAL ESTATE LICENSE REQUIRED. No real estate broker or salesperson shall offer or dispose of subdivided lands within or from this state, except in dispositions and transactions exempt under section 55-1805, Idaho Code, unless said real estate broker or salesperson is licensed pursuant to chapter 20, title 54, Idaho Code. History: [55-1817, added 1972, […]
Section 55-1818 – EXTRADITION.
55-1818. EXTRADITION. In proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state. History: [55-1818, added 1972, ch. 276, […]
Section 55-1819 – CIVIL REMEDY.
55-1819. CIVIL REMEDY. (1) Every disposition made in violation of any of the provisions of this chapter, or of any order issued by the commission under any of the provisions of this chapter, shall be voidable at the election of the purchaser. The person making such disposition, and every director, officer, salesperson or agent of […]