Effective 5/12/2020 57-11-10. Renewal report — Renewal fee — Examination by division — Annual reports. (1) (a) Within 30 days after each annual anniversary date of the division’s registration of subdivided lands, the subdivider shall file a renewal report in the form the division prescribes together with a renewal fee of $50. (b) The report […]
Effective 7/1/2021 57-11-11. Rules of division — Filing advertising material — Injunctions — Intervention by division in suits — General powers of division. (1) (a) The division shall prescribe reasonable rules which shall be adopted, amended, or repealed only after a public hearing. (b) The division shall: (i) publish notice of the public hearing described […]
57-11-12. Investigatory powers and proceedings of division. (1) The division 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 act or any rule or order hereunder or to aid in the enforcement of this act or in […]
57-11-13. Enforcement powers of division — Cease and desist orders. (1) (a) If the director has reason to believe that any person has been or is engaging in conduct violating this chapter, or has violated any lawful order or rule of the division, the director shall issue and serve upon the person a cease and […]
57-11-14. Revocation, suspension, or denial of registration — Grounds — Suspension or revocation of license. (1) (a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may: (i) deny an application for registration; (ii) revoke, suspend, or deny reissuance of […]
57-11-15. Judicial review. (1) Any person aggrieved by any order of the division may obtain judicial review. (2) (a) Venue for judicial review of informal adjudicative proceedings is in the district court where the aggrieved person maintains his principal place of business, if situated within this state, or otherwise in the Third Judicial District. (b) […]
57-11-16. Violations — Duties of attorney general, county attorney, or district attorney. (1) (a) A person who violates this chapter is guilty of a class B misdemeanor, except as provided in Subsection (1)(b). (b) A person who knowingly makes an untrue statement or knowingly omits a material fact in an application for registration under this […]
57-11-17. Violations — Civil remedies. (1) (a) A person is liable as provided in Subsection (1)(b) if that person: (i) disposes of subdivided lands in violation of Subsection 57-11-5(1), (2), or (3); (ii) in disposing of subdivided lands, makes an untrue statement of a material fact; or (iii) in disposing of subdivided lands, omits a […]
57-11-18. Dispositions subject to chapter — Jurisdiction of district courts. Dispositions of subdivided lands are subject to this act, and the district courts of this state have jurisdiction in claims or causes of action arising under this act, if: (1) The subdivided lands offered for disposition are located in this state; (2) The subdivider’s principal […]
57-11-20. Service of process. (1) In addition to the methods of service provided for in the Utah Rules of Civil Procedure, service may be made by delivering a copy of the process to the office of the division, but it is not effective unless the plaintiff, which may be the division in a proceeding instituted […]
57-11-21. Uniformity of construction. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Enacted by Chapter 158, 1973 General Session
57-11-3. Administration by division. The division shall administer this chapter. Amended by Chapter 352, 2009 General Session
57-11-3.5. Procedures — Adjudicative proceedings. The Division of Real Estate shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings. Amended by Chapter 382, 2008 General Session
Effective 5/12/2020 57-11-4. Exemptions. (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter or the federal act, this chapter does not apply to an offer or disposition of an interest in land: (a) by a purchaser of subdivided lands for the person’s own account in a single or […]
57-11-5. Registration, public offering statement, and receipt required for sale of subdivided land — Temporary permit — Right of rescission. Unless the subdivided lands or the transaction is exempt under Section 57-11-4, all of the following apply: (1) No person may offer or dispose of any interest in subdivided lands located in this state nor […]
Effective 5/12/2020 57-11-6. Application for registration — Required documents and information — Filing fee and deposit — Consolidation of registration of additional lands — Reports of changes. (1) An application for registration of subdivided lands shall be filed as prescribed by the division’s rules and, unless otherwise provided by the division, shall include the following […]
57-11-7. Public offering statement — Contents — Restrictions on use — Alteration or amendments. (1) Every public offering statement shall disclose completely and accurately to prospective purchasers: (a) the physical characteristics of the subdivided lands offered; and (b) unusual and material circumstances or features affecting the subdivided lands. (2) The proposed public offering statement submitted […]
57-11-8. Examination by division on application for registration. Upon receipt of an application for registration in proper form, the division shall immediately initiate an examination to determine whether: (1) the requirements of Sections 57-11-6 and 57-11-7 have been satisfied; (2) the subdivider has not, or if a corporation or partnership, its officers, directors, general partners, […]
57-11-9. Notice of filing of application for registration — Division orders of registration or rejection. (1) (a) Upon receipt of the application for registration in proper form, the division shall issue a notice of filing to the applicant within five business days of the date of receipt of application. (b) Within 30 days from the […]
