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15 U.S.C. § 1709 — Civil liabilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations; relief recoverable** A purchaser or lessee may bring an action at law or in equity against a developer or agent if the sale or lease was made in violation of [section 1703(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1703/a&num=0&edition=prelim). In a suit authorized by this subsection, the court may order damages, specific performance, or such other relief as the court deems fair, just, and equitable. In determining such relief the court may take into account, but not be limited to, the following factors: the contract price of the lot or leasehold; the amount the purchaser or lessee actually paid; the cost of any improvements to the lot; the fair market value of the lot or leasehold at the time relief is determined; and the fair market value of the lot or leasehold at the time such lot was purchased or leased.
**(b) Enforcement of rights by purchaser or lessee** A purchaser or lessee may bring an action at law or in equity against the seller or lessor (or successor thereof) to enforce any right under subsection (b), (c), (d), or (e) of [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1703&num=0&edition=prelim).
**(c) Amounts recoverable** The amount recoverable in a suit authorized by this section may include, in addition to matters specified in subsections (a) and (b), interest, court costs, and reasonable amounts for attorneys’ fees, independent appraisers’ fees, and travel to and from the lot.
**(d) Contributions** Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
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Stable record: federal_law:legal_authorities:record_usc_5e42c1bc496be2def808617e
Source file: Laws/federal/codes/united-states-code/title-15/section-1709-civil-liabilities--69cf955fa3.md
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Passage SHA-256: b153afc707a565345e49e29e193a3c68d5e0cafdc4a3654e6b587eac8f128453
Source location: Title 15, Chapter 42, § 1709; chapter-042-interstate-land-sales.md
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**(a) Violations; relief recoverable** A purchaser or lessee may bring an action at law or in equity against a developer or agent if the sale or lease was made in violation of [section 1703(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1703/a&num=0&edition=prelim). In a suit authorized by this subsection, the court may order damages, specific performance, or such other relief as the court deems fair, just, and equitable. In determining such relief the court may take into account, but not be limited to, the following factors: the contract price of the lot or leasehold; the amount the purchaser or lessee actually paid; the cost of any improvements to the lot; the fair market value of the lot or leasehold at the time relief is determined; and the fair market value of the lot or leasehold at the time such lot was purchased or leased.
**(b) Enforcement of rights by purchaser or lessee** A purchaser or lessee may bring an action at law or in equity against the seller or lessor (or successor thereof) to enforce any right under subsection (b), (c), (d), or (e) of [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1703&num=0&edition=prelim).
**(c) Amounts recoverable** The amount recoverable in a suit authorized by this section may include, in addition to matters specified in subsections (a) and (b), interest, court costs, and reasonable amounts for attorneys’ fees, independent appraisers’ fees, and travel to and from the lot.
**(d) Contributions** Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term—
(1) “Director” means the Director of the Bureau of Consumer Financial Protection;
(2) “person” means an individual, or an unincorporated organization, partnership, association, corporation, trust, or estate;
(3) “subdivision” means any land which is located in any State or in a foreign country and is divided or is proposed to be divided into lots, whether contiguous or not, for the purpose of sale or lease as part of a common promotional plan;
(4) “common promotional plan” means a plan, undertaken by a single developer or a group of developers acting in concert, to offer lots for sale or lease; where such land is offered for sale by such a developer or group of developers acting in concert, and such land is contiguous or is known, designated, or advertised as a common unit or by a common name, such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan;
(5) “developer” means any person who, directly or indirectly, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision;
(6) “agent” means any person who represents, or acts for or on behalf of, a developer in selling or leasing, or offering to sell or lease, any lot or lots in a subdivision; but shall not include an attorney at law whose representation of another person consists solely of rendering legal services;
(7) “blanket encumbrance” means a trust deed, mortgage, judgment, or any other lien or encumbrance, including an option or contract to sell or a trust agreement, affecting a subdivision or affecting more than one lot offered within a subdivision except that such term shall not include any lien or other
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibited activities** It shall be unlawful for any developer or agent, directly or indirectly, to make use of any means or instruments of transportation or communication in interstate commerce, or of the mails—
(1) with respect to the sale or lease of any lot not exempt under [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1702&num=0&edition=prelim)—
(A) to sell or lease any lot unless a statement of record with respect to such lot is in effect in accordance with [section 1706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1706&num=0&edition=prelim);
(B) to sell or lease any lot unless a printed property report, meeting the requirements of [section 1707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1707&num=0&edition=prelim), has been furnished to the purchaser or lessee in advance of the signing of any contract or agreement by such purchaser or lessee;
(C) to sell or lease any lot where any part of the statement of record or the property report contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein pursuant to sections 1704 through 1707 of this title or any regulations thereunder; or
(D) to display or deliver to prospective purchasers or lessees advertising and promotional material which is inconsistent with information required to be disclosed in the property report; or
(2) with respect to the sale or lease, or offer to sell or lease, any lot not exempt under [section 1702(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1702/a&num=0&edition=prelim)—
(A) to employ any device, scheme, or artifice t
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Section 1703(a) violations** No action shall be maintained under [section 1709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1709&num=0&edition=prelim) with respect to—
(1) a violation of subsection (a)(1) or (a)(2)(D) of [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1703&num=0&edition=prelim) more than three years after the date of signing of the contract of sale or lease; or
(2) a violation of subsection (a)(2)(A), (a)(2)(B), or (a)(2)(C) of [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1703&num=0&edition=prelim) more than three years after discovery of the violation or after discovery should have been made by the exercise of reasonable diligence.
**(b) Section 1703(b) to (e) violations** No action shall be maintained under [section 1709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1709&num=0&edition=prelim) to enforce a right created under subsection (b), (c), (d), or (e) of [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1703&num=0&edition=prelim) unless brought within three years after the signing of the contract or lease, notwithstanding delivery of a deed to a purchaser.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1711
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Federal law — U.S. Code and appendices · legal_authorities
Page 1676
TITLE 15—COMMERCE AND TRADE
§ 1709
thereof, of States certified under subsection (a),
and may withdraw such certification upon a de-
termination that such laws, regulations, and the
administration thereof, taken as a whole, no
longer meet the requirements of subsection (a).
(e) State and local governmental authorities af-
fected; cooperation with State authorities
Nothing in this chapter may be construed to
prevent or limit the authority of any State or
local government to enact and enforce with re-
gard to the sale of land any law, ordinance, or
code not in conflict with this chapter. In admin-
istering this chapter, the Director shall cooper-
ate with State authorities charged with the re-
sponsibility of regulating the sale or lease of
lots which are subject to this chapter.
(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.)
Editorial Notes
AMENDMENTS
2010—Pub. L. 111–203 substituted ‘‘Director’’ for ‘‘Sec-
retary’’ wherever appearing.
1979—Subsec. (a). Pub. L. 96–153 substituted provi-
sions setting forth criteria for determinations respect-
ing certifications of substantially equivalent State law
for purposes of disclosure requirements of this chapter,
for provisions relating to cooperation with State au-
thorities in administering this chapter.
Subsec. (b). Pub. L. 96–153 substituted provisions re-
lating to filing requirements for State disclosure mate-
rials and related documentation for purposes of Federal
statement of record and property report requirements,
for provisions relating to the jurisdiction of the par-
ticular State real estate commission or similar body.
Subsecs. (c) to (e)
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1709
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