Section 83.44 — Prohibited Practices.
83.44 PROHIBITED PRACTICES. It is unlawful for any person, in connection with the offer or sale of any subdivided land or interests therein, directly or indirectly: (a) to employ any device, scheme, or artifice to defraud; (b) to make any untrue statement of a material fact or to omit to state material facts necessary in […]
Section 83.45 — Advertising; Specific Prohibitions.
83.45 ADVERTISING; SPECIFIC PROHIBITIONS. The following devices or sales presentations, and the use of those devices or presentations are deceptive or misleading practices: (1) An advertisement that offers travel, accommodations, gifts, meals, or entertainment published to induce prospective purchasers to visit a subdivision or attend a sales presentation and that: (i) does not prominently set […]
Section 83.41 — Interstate Rendition.
83.41 INTERSTATE RENDITION. In the proceedings for extradition of a person charged with a crime under sections 83.20 to 83.42, 83.43 and 83.44, 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 […]
Section 83.42 — Statute Of Limitations.
83.42 STATUTE OF LIMITATIONS. The statute of limitations for actions arising under this chapter shall be three years and shall not begin to run with respect to any cause of action under this chapter, other than those set forth in section 83.37, subdivision 4, clause (d), until a conveyance describing such lot or parcel is […]
Section 83.43 — Criminal Penalties.
83.43 CRIMINAL PENALTIES. Any person who willfully violates any provision of section 83.23 or 83.44 or any order of the commissioner under sections 83.20 to 83.42, this section, and 83.44 of which the person has notice, may be fined not more than $10,000 or imprisoned not more than five years or both. Each of the […]
Section 83.33 — Blanket Encumbrance Sales And Other Prohibited Acts.
83.33 BLANKET ENCUMBRANCE SALES AND OTHER PROHIBITED ACTS. Subdivision 1. Compliance with rules. A person may not sell lots, units, parcels, or interests within a subdivision subject to a blanket encumbrance without having complied with such rules as the commissioner may promulgate concerning such sales, which rules shall be specific requirements for the protection of […]
Section 83.35 — Enforcement; Powers Of Commissioner.
83.35 ENFORCEMENT; POWERS OF COMMISSIONER. Subdivision 1. Registration; revocation or suspension. After notice and hearing, the commissioner may suspend or revoke a registration on finding that the subdivider or person has: (1) violated any provision of sections 83.20 to 83.42, 83.43 and 83.44 or any lawful order or rule of the commissioner; (2) directly or […]
Section 83.36 — Injunctions; Receivers.
83.36 INJUNCTIONS; RECEIVERS. If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of sections 83.20 to 83.42, 83.43 and 83.44 or order hereunder, the commissioner, with or without prior administrative proceedings, may bring an action in district court to enjoin the acts or […]
Section 83.37 — Penalties; Civil Remedies.
83.37 PENALTIES; CIVIL REMEDIES. Subdivision 1. Civil fine. Any person who violates section 83.23, 83.24, 83.28, 83.29, or 83.44 shall be subject to a fine of not more than $1,000 for each violation. A fine authorized by this subdivision may be imposed in a civil action brought by the attorney general on behalf of the […]
Section 83.38 — Administrative Pronouncements.
83.38 ADMINISTRATIVE PRONOUNCEMENTS. Subdivision 1. Rulemaking. The commissioner may adopt rules to implement the provisions of sections 83.20 to 83.42. The rules may include but shall not be limited to: (a) provisions for advertising standards to assure full and fair disclosure; (b) provisions for escrow or trust agreement or other means reasonably to assure that […]