Sec. 20-329a. Advertising and sale in this state of property in another state: Definitions.
Sec. 20-329a. Advertising and sale in this state of property in another state:
Definitions. As used in sections 20-329a to 20-329n, inclusive:
(1) "Disposition" or "dispose of" means any sale, exchange, lease, assignment,
award by lottery or other transaction designed to convey an interest in a subdivision or
parcel, lot, or unit in a subdivision when undertaken for gain or profit;
(2) "Offer" means every inducement, solicitation or attempt to bring about a disposition;
(3) "Person" means an individual, firm, company, association, corporation, limited
liability company, government or governmental subdivision or agency, business trust,
estate, trust, partnership, unincorporated association or organization, two or more of
any of the foregoing having a joint or common interest, or any other legal or commercial
entity;
(4) "Broker" means a resident real estate broker duly licensed under this chapter;
(5) "Salesperson" means any person duly licensed as a real estate salesperson under
this chapter;
(6) "Purchaser" means a person who acquires an interest in any lot, parcel or unit
in a subdivision;
(7) "Subdivision" means any improved or unimproved land or tract of land located
outside this state which is divided or proposed to be divided into five or more lots,
parcels, units, including time-share units, or interests for the purpose of disposition, at
any time as part of a common promotional plan. Any land which is under common
ownership or which is controlled by a single developer or a group of developers acting
in concert, is contiguous in area, and is designated or advertised as a common unit or
known by a common name, shall be presumed, without regard to the number of lots,
parcels, units or interests covered by each individual offering, to be part of a common
promotional plan; and
(8) "Advertising" means publishing or causing to be published: (A) By means of
any newspaper or periodical; (B) by means of any radio or television broadcast; (C) by
means of any written or printed or photographic matter produced by any duplicating
process producing ten copies or more, any information offering for sale or for the purpose
of causing or inducing any other person to purchase or to acquire an interest in the title
to subdivided lands, including the land sales contract to be used and any photographs
or drawings or artist's representations of physical conditions or facilities on the property
existing or to exist; or (D) by means of any material used in connection with the disposition or offer of subdivided lands by radio, television, telephone or any other electronic
means. "Advertising" does not include: Stockholder communications such as annual
reports and interim financial reports, proxy materials, registration statements, securities
prospectuses, applications for listing securities on stock exchanges, and the like; prospectuses, property reports, offering statements or other documents required to be delivered to prospective purchasers by an agency of any other state or the federal government;
all communications addressed to and relating to the account of any persons who have
previously executed a contract for the purchase of the subdivider's lands except where
directed to the sale of additional lands; or press releases or other communications delivered to newspapers or other periodicals for general information or public relations purposes, provided no charge is made by such newspapers or other periodicals for the
publication or use of any part of such communications.
(1969, P.A. 697, S. 1; 1971, P.A. 488, S. 1; 1972, P.A. 174, S. 2; P.A. 73-22, S. 1; P.A. 82-98, S. 1; P.A. 95-79, S. 66,
189; P.A. 96-200, S. 20; P.A. 98-10, S. 42.)
History: 1971 act added definition of "salesman" and rephrased definition of "subdivision"; 1972 act specified that
"broker" applies to residents; P.A. 73-22 defined "advertising"; P.A. 82-98 included time share units within the purview
of the Interstate Land Sales Act; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31,
1995; P.A. 96-200 amended Subdiv. (5) to substitute "salesperson" for "salesman"; P.A. 98-10 made technical changes.