Interstate Land Sales Full Disclosure Act of 1968

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The Interstate Land Sales Full Disclosure Act of 1968 (ILSFDA or ILSA or "Act") was an act of Congress passed in 1968 to facilitate regulation of interstate land sales, to protect consumers from fraud and abuse in the sale or lease of land. The Act was patterned after the Securities Act of 1933 and required land developers to register subdivisions of (currently 100 or more) non-exempt lots or condominium units. Originally, the filings were to be with the United States Department of Housing and Urban Development. Currently, the responsibility for administering the Act [1] and its regulations [2] is with the Consumer Financial Protection Bureau (CFPB). A regulated developer is to provide each purchaser with a disclosure document called a Property Report. The Property Report contains relevant information about the subdivision and must be delivered to each purchaser before the signing of the contract or agreement and gives the purchaser at a minimum a 7-day period to cancel the purchase agreement.

In 2014, the Act was amended to additionally apply to condominiums. [3]

When the financial crisis of 2008 severely limited the ability for purchasers of newly constructed units to purchase homes they could no longer afford, these contract vendees found attorneys wielding this statute as a weapon to rescind contract for buildings with more than 100 units. [4] Real estate attorney Adam Leitman Bailey pioneered the use of the ILSA provision to get buyers out of contracts by either causing developers to discount prices allowing purchasers to close or if purchasers could not longer afford the home they would be able to terminate the contract. [5] Builders argued that the statute was not meant for sophisticated wealthy buyers and the purchaser's attorneys apologetically, used it to successfully get clients out of contracts and to obtain a refund of the down payment. [4] In other cases using the statute the attorneys for the purchasers received large discounts off the purchase price. [6]

On September 19, 2014, a bill unanimously passed the House of Representatives and United States Senate repealing the law for condominiums. [7] On October 6, 2014, President Barack Obama signed the bill into law. [8]

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<span class="mw-page-title-main">Public Law 113-167</span>

Pub. L.Tooltip Public Law  113–167 (text)(PDF), a United States public law, that is entitled "to amend the Interstate Land Sales Full Disclosure Act to clarify how the Act applies to condominiums," is a bill that was introduced into the United States House of Representatives during the 113th United States Congress. The Interstate Land Sales Full Disclosure Act of 1968 was passed in 1968 with the intention of helping protect consumers from land-related scams, but regulating the sale of land across state lines. The act requires sellers to prepare center information about the piece of property they are trying to sell and disclose it in a "Property Report." The law was originally administered by the United States Department of Housing and Urban Development, but is currently run by the Consumer Financial Protection Bureau. H.R. 2600 would make changes to this law related to condominiums.

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The Platinum is a 17-story, 255-unit condo hotel located at 211 East Flamingo Road in Paradise, Nevada, east of the Las Vegas Strip. The project was approved in 2003, and began construction in 2005, as a joint venture between Diversified Real Estate Concepts, Inc. and Marcus Hotels and Resorts. The project was topped out in December 2005, and was opened in October 2006. In 2009, buyers filed lawsuits against Marcus for various allegations; the last of the lawsuits were settled in March 2013.

References

  1. 15 U.S.C. 1701 et seq.
  2. 12 CFR Parts 1010, 1011, and 1012
  3. Act to amend the Interstate Land Sales Full Disclosure Act to clarify how the Act applies to condominiums, Pub. L. Tooltip Public Law (United States)  113–167 (text) (PDF) , 128  Stat.   1882 , enacted September 26, 2014.
  4. 1 2 Haughney, Christine (2010-10-20). "Old Real Estate Law Helps Cure Buyer's Remorse". The New York Times. ISSN   0362-4331 . Retrieved 2018-01-03.
  5. "Ilsa Regulations | Interstate Land Sales Full Disclosure Act". 19 September 2014.
  6. "Condo can't-do". New York Post. 2011-06-30. Retrieved 2018-01-03.
  7. "Senate votes to strike down ILSA requirements for condos". The Real Deal New York. 2014-09-19. Retrieved 2018-01-03.
  8. "President Obama signs ILSA amendment into law". The Real Deal New York. 2014-10-06. Retrieved 2018-01-03.