Effective 5/10/2016 57-19-10. Effect of application or registration — Misleading statements to prospective purchasers a misdemeanor. (1) Neither the fact that an application for registration or the written disclosures required by this chapter have been filed, nor the fact that a development has been effectively registered or exempted, constitutes a finding by the director that […]
Effective 5/10/2016 57-19-11. Disclosure required. (1) Except as provided in Section 57-19-26, any person who sells or offers to sell an interest in a development located in this state, or who sells or offers to sell in this state an interest in a development located outside of this state, shall provide to a prospective purchaser, […]
Effective 5/10/2016 57-19-12. Purchaser’s right to cancel. (1) (a) An agreement to purchase an interest in a development may be cancelled, at the option of the purchaser, if: (i) the purchaser delivers a written notice of cancellation to the developer at the developer’s business address by: (A) hand; or (B) certified mail, return receipt requested, […]
Effective 5/10/2016 57-19-13. Suspension, revocation, or denial of registration — Fine. (1) Subject to Section 57-19-17, if the director finds that an applicant or developer has engaged in an act described in Subsection (2), the director may: (a) deny an application for registration of a development; (b) suspend or revoke an existing registration; or (c) […]
Effective 5/10/2016 57-19-14. Registration of salesperson. Except as provided in Section 57-19-26, it is unlawful for a person to act as a salesperson and market a development in this state without first registering under this chapter as a salesperson. Amended by Chapter 255, 2016 General Session
Effective 5/10/2016 57-19-15. Application for registration of salesperson. (1) A person may apply for registration as a salesperson under this chapter by filing with the director an application in the form prescribed by the director, including: (a) a statement regarding whether the applicant has ever been: (i) convicted of: (A) a felony; or (B) a […]
Effective 5/10/2016 57-19-16. Denial, revocation, or suspension of registration of salesperson — Fine. (1) Subject to Section 57-19-17, if the division finds that an applicant or salesperson has engaged in an act described in Subsection (2), the division may: (a) deny an application for registration as a salesperson; (b) suspend or revoke an existing registration; […]
57-19-17. Administrative procedures. (1) The director may summarily deny an application for registration under any of the provisions of Section 57-19-13 or 57-19-16. If a registration is denied, the applicant may, within 10 days after receipt of notice of the denial, request a hearing before an administrative law judge. The director shall schedule the hearing […]
57-19-18. Investigation — Publication. (1) The director may make any investigations or requests for information, within or outside of this state, that he considers necessary: (a) to determine whether any registration under this chapter should be granted, denied, or revoked; (b) to determine whether any person has violated or is about to violate any of […]
57-19-19. Subpoenas — Evidence. (1) For the purposes of any investigation or proceeding under this chapter, the director, or any officer designated by him, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director […]
57-19-20. Injunctive relief — Cease and desist order. (1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, and that it would be in the public interest to stop those acts or practices, the […]
Effective 5/10/2016 57-19-21. Voidable agreements. (1) Any agreement to purchase an interest in a development that violates Section 57-19-4 or 57-19-14 may, at the option of the purchaser, be voided and the purchaser’s entire consideration recovered together with interest at the legal rate, costs, and reasonable attorney fees. (2) No suit under this section may […]
57-19-22. Violation a misdemeanor. Any person who willfully violates any provision of this chapter is guilty of a class B misdemeanor. Amended by Chapter 241, 1991 General Session
57-19-23. Prosecution. The director may refer any available evidence concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the proper prosecuting attorney, who may, in his discretion, with or without such a referral, institute the appropriate civil or criminal proceedings under this chapter. Enacted by […]
57-19-24. Violation of Consumer Sales Practice Act. For purposes of applying Title 13, Chapter 11, Utah Consumer Sales Practices Act, any material violation of the provisions of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce. Enacted by Chapter 73, 1987 General […]
57-19-25. Remedies nonexclusive. The remedies provided in this chapter are cumulative and nonexclusive, and do not affect any other remedy available at law. Enacted by Chapter 73, 1987 General Session
Effective 5/10/2016 57-19-26. Exemptions. (1) Unless entered into for the purpose of evading the provisions of this chapter, the following transactions are exempt from registration: (a) an isolated transaction by an owner of an interest in a development or by a person holding the owner’s executed power of attorney; (b) an offer or sale by […]
Effective 5/10/2016 57-19-4. Unregistered sales prohibited. Except as provided in Section 57-19-26, it is unlawful for a person to offer or sell in this state an interest in a development unless the development is registered under this chapter or the person holds a temporary permit described in Section 57-19-6. Amended by Chapter 255, 2016 General […]
Effective 5/8/2018 57-19-5. Registration — Filing application. (1) A person may apply for registration of a development by filing with the division: (a) an application in the form prescribed by the director; (b) the written disclosure described in Section 57-19-11; and (c) financial statements and other information that the director may by rule made in […]
Effective 5/10/2016 57-19-6. Effective date of application. (1) An application for registration filed pursuant to Section 57-19-5 is effective upon the expiration of 30 business days following its filing with the director, unless: (a) an order denying the application pursuant to Section 57-19-13 is in effect; (b) a prior effective date has been ordered by […]
