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Land Sales Compliance

At Hyatt & Stubblefield, P.C., we have substantial experience in dealing with state and federal laws regulating the marketing and sale of subdivided land, condominiums, and timeshare and other fractional interest programs, enabling us to provide efficient and cost-effective land sales compliance strategies and solutions to meet the needs of our developer clients.  This is particularly important for community developers who:

  • Engage in retail lot sales
  • Advertise in markets outside the state where their projects are located; or
  • Expect to receive inquiries or visits from residents of other states

Compliance Strategy

 

We work with developers of condominiums, planned communities, and resort developments throughout the United States, Latin America, and the Caribbean to develop a marketing and compliance strategy that maximizes their ability to market and sell their properties in the most efficient and cost-effective manner.  In coordination with the developer and its marketing team, we:

  • Determine the availability of exemptions from or the need to register under the Interstate Land Sales Full Disclosure Act
  • Provide information regarding compliance requirements in various markets to assist the marketing team in deciding where to focus its marketing efforts
  • Analyze the availability of exemptions or need to register in each of the target markets identified by the marketing team
  • Prepare disclosure documents, sales documents, and other submittals to register with HUD's Office of Interstate Land Sales Registration and state regulatory agencies as required
  • Review advertising and marketing materials and provide appropriate disclaimers to comply with state and federal law and avoid developer liability
  • Provide training to the marketing and sales team regarding continuing obligations to maintain compliance and avoid unintentionally triggering the jurisdiction of states and foreign countries in which the project is not qualified

Registration

When registration is required, we work with members of the development team to help them understand their role in the registration process and provide questionnaires, checklists and other aids to assist them in gathering the required information so that we can draft the necessary disclosure documents and prepare other submittals in a timely manner.

 

Through years of experience in handling federal and state registrations for projects all over the country, we have established relationships with the regulators, become familiar with their procedures, and gained a sensitivity to their concerns that enables us to anticipate and minimize potential problems, expediting the approval process and avoiding unnecessary delays.

 

 

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