(1) 

contract signature

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Utah Code 57-11-11

(a) a business trust;
(b) an estate;
(c) a trust;
(d) a partnership;
(e) an unincorporated association;
(f) two or more of any entity having a joint or common interest; or
(g) any other legal or commercial entity. See Utah Code 57-11-2
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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    (a)  The division shall prescribe reasonable rules which shall be adopted, amended, or repealed only after a public hearing.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 in Subsection (1)(a) for the state, as a class A notice under Section 63G-30-102, for at least 20 days before the day of the hearing; and

    (ii)  send a notice to a nonprofit organization which files a written request for notice with the division at least 20 days before the day of the hearing.

    • (2)  The rules shall include but need not be limited to:

    (a)  provisions for advertising standards to assure full and fair disclosure; and

    (b)  provisions for escrow or trust agreements, performance bonds, or other means reasonably necessary to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land contracted for.

    (3)  These provisions, however, shall not be required if the city or county in which the subdivision is located requires similar means of assurance of a nature and in an amount no less adequate than is required under said rules:

    (a)  provisions for operating procedures;

    (b)  provisions for a shortened form of registration in cases where the division determines that the purposes of this act do not require a subdivision to be registered pursuant to an application containing all the information required by Section 57-11-6 or do not require that the public offering statement contain all the information required by Section 57-11-7; and

    (c)  other rules necessary and proper to accomplish the purpose of this chapter.

    (4)  The division by rule or order, after reasonable notice, may require the filing of advertising material relating to subdivided lands prior to its distribution, provided that the division must approve or reject any advertising material within 15 days from the receipt thereof or the material shall be considered approved.

    (5)  If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule or order hereunder, the agency, with or without prior administrative proceedings, may bring an action in the district court of the district where said person maintains his residence or a place of business or where said act or practice has occurred or is about to occur, to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. The division shall not be required to post a bond in any court proceedings.

    (6)  The division shall be allowed to intervene in a suit involving subdivided lands, either as a party or as an amicus curiae, where it appears that the interpretation or constitutionality of any provision of law will be called into question. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division, constitute grounds for the division withholding any approval required by this chapter.

    (7)  The division may:

    (a)  accept registrations filed in other states or with the federal government;

    (b)  contract with public agencies or qualified private persons in this state or other jurisdictions to perform investigative functions; and

    (c)  accept grants-in-aid from any source.

    (8)  The division shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules, and common administrative practices.

    Amended by Chapter 435, 2023 General Session

      Previous section
    Next section  
     Chapter 11 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT