15 U.S.C. § 1708 — Certification of substantially equivalent State law
submitted 58 years ago by Pub. L. 90-448 to r/title-15-COMMERCE-AND-TRADE · 674 words · no verdicts yet
A State may be certified when its disclosure laws and administration provide substantially equivalent information and accuracy, or otherwise sufficient purchaser and lessee protection. Certification lets the Director accept the State’s disclosure materials, requires notice and corrective changes when standards are not met, and may be withdrawn after review.
(a) Criteria. (1) The Director must certify a State if its laws and regulations, taken as a whole, require sellers or lessors of nonexempt lots to disclose information substantially equivalent to section 1707 and the State administers those rules so the information is accurate as far as practicable. (2) If the State does not meet paragraph (1), the Director must certify it if its laws and regulations provide sufficient protection about matters section 1707 requires but State law does not, and administration* makes required information accurate and provides that protection as far as practicable. (3) A State requesting certification must agree to accept an approved property report from another certified State for land located there and offered in the requesting State; that is the only property report the requesting State may require for that land. (b) After certification, the Director must accept for filing under sections 1704–1707 the State-approved disclosure materials and required documents for lots in the State and declare them effective as the Federal statement of record and property report used wherever the lots are offered. The Director may do the same for State-approved materials for lots outside the State. This does not limit section 1706(d) or (e). (c) If a State fails the standards, the Director must tell it in writing what changes in law, regulation, or administration are needed. (d) The Director must periodically review certified States and may withdraw certification if their laws, regulations, and administration no longer meet subsection (a). (e) States and local governments may enact and enforce land-sale laws, ordinances, and codes that do not conflict with this chapter. The Director must cooperate with State authorities regulating covered lot sales or leases.
A State shall be certified if the Director determines—
that, when taken as a whole, the laws and regulations of the State applicable to the sale or lease of lots not exempt under section 1702 of this title require the seller or lessor of such lots to disclose information which is at least substantially equivalent to the information required to be disclosed by section 1707 of this title; and
that the State’s administration* of such laws and regulations provides, to the maximum extent practicable, that such information is accurate.
In the case of any State which is not certified under paragraph (1), such State shall be certified if the Director determines—
that, when taken as a whole, the laws and regulations of the State applicable to the sale or lease of lots not exempt under section 1702 of this title provide sufficient protection for purchasers and lessees with respect to the matters for which information is required to be disclosed by section 1707 of this title but which is not required to be disclosed by such State’s laws and regulations; and
that the State’s administration of such laws and regulations provides, to the maximum extent practicable, that (i) information required to be disclosed by such laws and regulations is accurate, and (ii) sufficient protection for purchasers and lessees is made available with respect to the matters for which information is not required to be disclosed.
Any State requesting certification must agree to accept a property report covering land located in another certified State but offered for sale or lease in the State requesting certification if the property report has been approved by the other certified State. Such property report shall be the only property report required by the State with respect to the sale or lease of such land.
After the Director has certified a State under subsection (a), the Director shall accept for filing under sections 1704 through 1707 of this title (and declare effective as the Federal statement of record and property report which shall be used in all States in which the lots are offered for sale or lease) disclosure materials found acceptable, and any related documentation required, by State authorities in connection with the sale or lease of lots located within the State. The Director may accept for such filing, and declare effective as the Federal statement of record and property report, such materials and documentation found acceptable by the State in connection with the sale or lease of lots located outside that State. Nothing in this subsection shall preclude the Director from exercising the authority conferred by subsections (d) and (e) of section 1706 of this title.
If a State fails to meet the standards for certification pursuant to subsection (a), the Director shall notify the State in writing of the changes in State law, regulation, or administration that are needed in order to obtain certification.
The Director shall periodically review the laws and regulations, and the administration thereof, of States certified under subsection (a), and may withdraw such certification upon a determination that such laws, regulations, and the administration thereof, taken as a whole, no longer meet the requirements of subsection (a).
Nothing in this chapter may be construed to prevent or limit the authority of any State or local government to enact and enforce with regard to the sale of land any law, ordinance, or code not in conflict with this chapter. In administering this chapter, the Director shall cooperate with State authorities charged with the responsibility of regulating the sale or lease of lots which are subject to this chapter.
Source credit: (Pub. L. 90–448, title XIV, § 1409, Aug. 1, 1968, 82 Stat. 594; Pub. L. 96–153, title IV, § 404, Dec. 21, 1979, 93 Stat. 1129; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)
- 1968Enacted · Pub. L. 90-448 · 82 Stat. 594
- 1979Amended · Pub. L. 96-153 · 93 Stat. 1129
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2105
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-448 on 1968-08-01.
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