83.20 DEFINITIONS. Subdivision 1. Advertisement. “Advertisement” means any written or printed communication or any communication by telephone or transmitted on radio, television, electronic means or similar communications media published in connection with the offer or sale of subdivided lands or any communication made to induce prospective purchasers to visit or attend an offer or sales […]
83.21 COMMISSIONER OF COMMERCE TO ADMINISTER. Sections 83.20 to 83.42, 83.43 and 83.44 shall be administered by the commissioner of commerce. History: 1973 c 413 s 2; 1980 c 516 s 2; 1983 c 289 s 114 subd 1; 1984 c 452 s 6; 1984 c 655 art 1 s 92
83.22 CITATION. Sections 83.20 to 83.42 may be cited as the “Minnesota Subdivided Land Sales Practices Act.” History: 1973 c 413 s 3
83.23 REGISTRATION REQUIREMENT. Subdivision 1. Registration. It is unlawful for any person to offer or sell an interest in subdivided lands in this state unless the interest is registered under this section or the subdivided land or the transaction is exempt under section 83.26. Subd. 2. Notification. Unless the method of offer or sale is […]
83.24 PUBLIC OFFERING STATEMENT. Subdivision 1. Delivery. A public offering statement shall be delivered to each person to whom an offer is made before or concurrently with (a) the first written offer other than offer by means of a public advertisement, or (b) any payment pursuant to a sale, whichever occurs first. Each person to […]
83.25 LICENSE. Subdivision 1. Requirement. No person shall offer or sell in this state any interest in subdivided lands without having obtained: (1) a license under chapter 82; and (2) MS 2002 [Expired, 2001 c 208 s 20] Subd. 2. Application of other licensing provisions. Every license issued pursuant to this section must be renewed, […]
83.26 EXEMPTIONS. Subdivision 1. Generally; lands. Unless the method of offer or sale is adopted for the purpose of evasion of sections 83.20 to 83.42, 83.43 and 83.44, the following subdivided lands are exempted from sections 83.20 to 83.42: (a) any lands offered or sold by the United States, any state, any political subdivision of […]
83.27 INQUIRY AND EXAMINATION. The commissioner may investigate any subdivision required to be registered under sections 83.20 to 83.42, 83.43 and 83.44 for the purpose of verifying statements contained in the application for registration or the public offering statement. For the purpose of such investigation, the commissioner may: (a) use and rely upon any relevant […]
83.28 SALES CONTRACT; RESCISSION. Subdivision 1. Contract; form restrictions. Every contract for sale relating to subdivided land shall (1) state clearly the legal description of the lot, unit, parcel, or interest disposed of; (2) contain the disclosure substantially similar to that required by the federal Truth in Lending Act, and the rules promulgated thereunder; and […]
83.29 REGISTRATION. Subdivision 1. Commissioner’s registration duties. Upon compliance with all the provisions of sections 83.20 to 83.42 applicable to the application for registration and with the requirements of the commissioner, and if the commissioner finds no grounds for denial of the application, the commissioner shall register the subdivided lands. The commissioner shall have power […]
83.30 ANNUAL REPORT. Subdivision 1. Form; due date. During the period a registration is effective, the subdivider shall file an annual report in a format the commissioner may by rule prescribe for subdivisions under section 83.23, subdivision 3. Subdividers under section 83.23, subdivision 2, shall not be required to file the annual report form except […]
83.31 CHANGES SUBSEQUENT TO REGISTRATION. Subdivision 1. Report of sales. The commissioner may by rule or order require the subdivider or subdivider’s agent to submit reports of sales. Subd. 2. Report of material changes. A subdivider or subdivider’s agent shall within 30 days report any material changes in the information contained in the application for […]
83.32 INSPECTION OF RECORDS. All records of a subdivider and the subdivider’s agents pertaining to the advertising or disposition of subdivided lands shall be maintained by the subdivider and the subdivider’s agents and be subject to inspection by the commissioner. The commissioner shall be promptly notified of any change of address affecting the location of […]
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 […]
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 […]
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 […]
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 […]
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 […]
83.39 SERVICE OF PROCESS. Subdivision 1. Procedure. Every applicant for registration under sections 83.20 to 83.42, 83.43 and 83.44 shall file with the commissioner, in a format as by rule may be prescribed, an irrevocable consent appointing the commissioner or commissioner’s successor to be the applicant’s attorney to receive service of any lawful process in […]
83.40 SCOPE OF SECTIONS 83.20 TO 83.42, 83.43 AND 83.44. Subdivision 1. In-state offer or sale. The provisions of sections 83.20 to 83.42, 83.43 and 83.44 concerning offers and sales of subdivided lands apply when an offer or sale is made in this state. Subd. 2. In-state offer or sale defined. For the purpose of […]
