Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 104 - UNIFORM LAND SALES PRACTICES
Subchapter 2 - APPLICATIONS FOR REGISTRATION OR EXEMPTION
Section 16-104-11 - Application for section 484-10(g), HRS, exemption
Universal Citation: HI Admin Rules 16-104-11
Current through August, 2024
(a) All applications for section 484-10(g), HRS, exemption shall contain the following documents and information:
(1) A statement of the condition of the title
to the subdivided lands including encumbrances as of a specified date within
thirty days of the date of application by a title report prepared by a
qualified title company, or by other evidence of title acceptable to the
director;
(2) Copies of the
instruments which shall be delivered to a purchaser to evidence the purchaser's
interest in the subdivided lands and of the contracts and other agreements
which a purchaser shall be required to agree to or sign;
(3) If there is a lien or encumbrance
affecting any lot, parcel, unit, or interest, a statement of the consequences
for a purchaser of failure to discharge the lien or encumbrance and the steps,
if any, taken to protect the purchaser in case of this eventuality;
(4) A statement of the existing provisions
for access, sewage, disposal, water, and other public utilities in the
subdivision; a statement for the improvements to be installed, the schedule for
their completion, and a statement as to the provisions for improvement
maintenance;
(5) A narrative
description of the promotional plan for the disposition of the subdivided lands
together with copies of all advertising material which have been prepared for
public distribution by any means of communication;
(6) A statement that the subdivider has not,
or if a corporation, its officers, directors, and principals, or if a
partnership, the general partners have not been convicted of a crime involving
land dispositions or any aspect of land sales business in the United States or
foreign country within the past ten years or has not been subject to any
injunction or administrative order within the past ten years restraining a
false or misleading promotional plan involving land dispositions;
(7) A letter of preliminary or final
subdivision approval, or both, from the county or other appropriate
jurisdictions;
(8) For application
for preliminary order of exemption, an executed copy of the escrow agreement
between the developer and a bank, savings and loan association, trust company
authorized to do business in Hawaii under an escrow arrangement, or a
corporation licensed as an escrow depository under chapter
449, HRS, and a copy of a receipt for
a written notice of a purchaser's right to rescind a contract within seven days
after signing a contract, without penalty to the purchaser; and
(9) The name, address, and phone number of
the subdivider's representative or real estate agent in Hawaii.
(b) The application shall be submitted with a payment of the appropriate exemption fee and inspection expenses.
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