(1) 

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Terms Used In Utah Code 57-11-10

  • Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
  • Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2
  • subdivided lands: means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale. See Utah Code 57-11-2
  • Subdivider: means :
(a) an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or
(b) a principal agent of an owner of an interest in subdivided lands if the owner is inactive. See Utah Code 57-11-2
(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 shall reflect all material changes to information contained in the original application for registration, including any change in ownership of the subdivider.

(c)  The report shall also indicate the number of units in the subdivision that have been disposed of since the division registered the subdivided lands.

(2) 

(a)  The division may, upon the filing of a renewal report, initiate a renewal examination of the kind described in Section 57-11-8.

(b)  If the division determines upon inquiry and examination that the subdivider fails to meet any of the requirements of Section 57-11-8, the division shall notify the subdivider that the subdivider must correct the report, the promotional plan, or the plan of disposition within 20 days, or any additional time allowed by the division, after the day on which the subdivider receives the notice.

(c)  If the subdivider does not meet the requirements within the time allowed, the division may, notwithstanding the provisions of Section 57-11-13 and without further notice, issue a cease and desist order according to the emergency procedures of Title 63G, Chapter 4, Administrative Procedures Act, barring further sale of the subdivided lands.

(3)  The division may permit the filing of annual reports within 30 days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.

Amended by Chapter 72, 2020 General Session

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