356-A:1 Definitions. – As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise: I. "Dispose" or "disposition" refers to any sale, contract, assignment, or any other voluntary transfer of a legal or equitable interest in a lot, parcel, unit or interest in subdivided lands, except […]
356-A:10 General Powers and Duties. – I. [Repealed.] II. If it appears that any person has engaged or is about to engage in any false, deceptive or misleading advertising to offer or dispose of any lot, parcel, unit or interest in subdivided lands, the attorney general may require by written notice the filing of […]
356-A:11 Investigations and Proceedings. – I. The attorney general may: (a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in […]
356-A:12 Cease and Desist Orders. – I. If the attorney general determines after notice and hearing that a person has: (a) Violated any provisions 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 any […]
356-A:13 Revocation. – I. A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has: (a) Failed to comply with the terms of a cease and desist order; (b) Been convicted after final appeal in any court subsequent to the filing of the application for registration […]
356-A:14 Judicial Review. – I. Any person aggrieved by a decision or action of the attorney general may, by petition, appeal from said decision or action to the superior court for review. The superior court may affirm, reverse, or modify the decision or action of the attorney general as justice may require. II. The […]
356-A:15 Penalties. – Any person who wilfully violates any provision of RSA 356-A or of a rule adopted under it or any person who wilfully, in an application for registration, makes any untrue statement of a material fact or omits to state a material fact shall be guilty of a class B felony if […]
356-A:16 Civil Remedy. – I. Any subdivider who disposes of any lot, parcel, unit or interest in subdivided lands in violation of this chapter, or who in disposing of any lot, parcel, unit or interest in subdivided lands makes an untrue statement of a material fact, or who in disposing of any lot, parcel, […]
356-A:17 Jurisdiction. – Dispositions of subdivided lands are subject to this chapter, and the superior courts of this state have jurisdiction in claims or causes of action arising under this chapter if: I. The subdivided lands offered for disposition are located in this state; or II. The subdivider’s principal office is located in this […]
356-A:18 Interstate Rendition. – In the 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. Source. 1970, […]
356-A:19 Service of Process. – I. Service may be made by delivering a copy of the process to the office of the attorney general but it is not effective unless the plaintiff (which may be the attorney general in a proceeding instituted by him): (a) Forthwith sends a copy of the process and of […]
356-A:2 Administration. – There is hereby added to the department of justice, consumer protection and antitrust bureau, such assistant attorneys general, investigators, clerical, stenographic and other staff as the attorney general may appoint within the appropriation made therefor. Said staff shall enforce and administer the provisions of this chapter, subject to the supervision of […]
356-A:20 Conflict of Interests. – No member of the consumer protection and antitrust bureau, department of justice or any partnership, firm or corporation with which a member is associated shall act as subdivider, agent, attorney or broker of a subdivision, lot, parcel, unit or interest therein or offer or dispose of a subdivision, lot, […]
356-A:21 Short Title. – This chapter may be cited as the Land Sales Full Disclosure Act. Source. 1970, 55:1, eff. May 4, 1970.
356-A:22 Severability. – If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are […]
356-A:3 Exemptions. – I. Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this chapter shall not apply to any offer or disposition of: (a) Subdivided lands if not more than 15 lots, parcels, units or interests are included in such subdivided lands; provided, however, […]
356-A:4 Prohibition on Dispositions of Interests in Subdivisions. – Unless the subdivided lands or the transaction is exempted by RSA 356-A:3: I. No subdivider may offer or dispose of any lot, parcel, unit or interest in subdivided lands located in this state, nor offer or dispose in this state of any lot, parcel, unit […]
356-A:5 Application for Registration. – I. The application for registration of subdivided lands shall be filed in a form prescribed by the attorney general and shall contain the following documents and information: (a) An irrevocable appointment of the attorney general to receive service of any lawful process in any noncriminal proceeding arising under this […]
356-A:6 Public Offering Statement. – I. A public offering statement shall be in a form prescribed by the attorney general and shall include the following: (a) The name and principal address of the subdivider; (b) A general description of the subdivided lands stating the total number of lots, parcels, units, or interests in the […]
356-A:7 Inquiry and Examination. – I. Upon receipt of an application for registration in proper form, the attorney general shall forthwith initiate such examination as he shall deem necessary to determine: (a) That the subdivider can convey or can reasonably be expected to be able to convey or cause to be conveyed the interest […]
