reglab/housing_qa huggingface dataset:
NJ Rev Stat § 45:22A-5 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-5 - Necessity of registration; public offering statement

45:22A-5. Necessity of registration; public offering statement  Unless the retirement subdivisions or community lands or the transaction is exempt by section 4: (a) No person may offer or dispose of any lot or unit in any retirement subdivision or community located in this State, nor offer or dispose in this State of any lot or unit in any retirement subdivision or community located without this State prior to the time such division or community is registered in the manner prescribed by this act; (b) No person may dispose of any lot or unit in any retirement subdivision or community unless a current public offering statement is delivered to the purchaser and the purchaser is afforded a reasonable opportunity, under no circumstances less than 48 hours, to examine the public offering statement prior to the disposition. L.1969, c. 215, s. 5.
NJ Rev Stat § 45:22A-7 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-7 - Public offering statement; form and contents

45:22A-7. Public offering statement; form and contents  (a) A public offering statement shall disclose fully and accurately the physical characteristics of the retirement subdivision or community lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting such lands. The proposed public offering statement submitted to the agency shall be in a form prescribed by its rules and shall include the following: (1) The name and principal address of the developer; (2) A general description of the subdivision or community lands stating the total number of lots, parcels, units, or interests in the offering; (3) The significant terms of any encumbrances, easements, liens, and restrictions, including zoning and other regulations affecting such lands and each unit or lot, and a statement of all existing taxes and existing or proposed special taxes or assessments which affect such lands; (4) A statement of the use for which the property is offered; (5) Information concerning improvements, including hospitals, health and recreational facilities of any kind, streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, date of completion and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in the subdivision or community lands; (6) Additional information required by the agency to assure full and fair disclosure to prospective purchasers. (b) The public offering statement shall not be used for any promotional purposes before registration of the retirement subdivision or community lands and afterwards only if it is used in its entirety. No person may advertise or represent that the agency approves or recommends the subdivision lands or disposition thereof. No portion of the public offering statement may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the agency requires or permits it. (c) The agency may require the developer to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers, and no change in the substance of the promotional plan or plan of disposition or development of the subdivision or community may be made after registration without notifying the agency and without making an appropriate amendment to the public offering statement. A public offering statement is not current unless all amendments are incorporated. L.1969, c. 215, s. 7.
NJ Rev Stat § 45:22A-8 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-8 - Determinations by agency upon receipt of statement of record

45:22A-8. Determinations by agency upon receipt of statement of record  Upon receipt of a statement of record in proper form, the agency shall forthwith initiate an examination to determine that: (a) The developer can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust or other safeguards have been provided; (b) There is reasonable assurance that all proposed improvements will be completed as represented; (c) The advertising material and the general promotional plan are not false, misleading, or discriminatory and comply with the standards prescribed by the agency in its rules and afford full and fair disclosure; (d) Such subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this State, the United States, or any other State or foreign country and has not been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions; (e) The public offering statement requirements of this act have been satisfied. L.1969, c. 215, s. 8.
NJ Rev Stat § 45:22A-9 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-9 - Notice of filing; approval or rejection of registration

45:22A-9. Notice of filing; approval or rejection of registration  (a) Upon filing of the statement of record in proper form, the agency shall issue a notice of filing to the applicant. Within 10 days from the date of the notice of filing, the agency shall enter an order registering the subdivision or community lands or rejecting the registration. If no order of rejection is entered within 90 days from the date of notice of filing, the land shall be deemed registered unless the applicant has consented in writing to a delay. (b) If the agency affirmatively determines, upon inquiry and examination, that the requirements of section 8 have been met, it shall enter an order registering the retirement subdivision or community lands and shall designate the form of the public offering statement. (c) If the agency determines upon inquiry and examination that any of the requirements of section 8 have not been met, the agency shall notify the applicant that the statement of record must be corrected in the particulars specified within 30 days. If the requirements are not met within the time allowed the agency shall enter an order rejecting the registration containing the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for 20 days during which time the applicant may petition for reconsideration and shall be entitled to a hearing upon request. L.1969, c. 215, s. 9.
NJ Rev Stat § 45:22A-10 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-10 - Annual report

45:22A-10. Annual report  (a) Within 30 days after each annual anniversary date of an order registering senior citizens' subdivided lands, the subdivider of such lands shall file a report in the form prescribed by the rules of the agency. The report shall reflect any material changes in information contained in the original statement of record. (b) The agency at its option may permit the filing of annual reports within 30 days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration. L.1969, c. 215, s. 10.
NJ Rev Stat § 45:22A-12 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-12 - Investigation of violations

45:22A-12. Investigation of violations  (a) The agency may: (1) Make necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this act or any rule or order hereunder, or to aid in the enforcement of this act or in the prescribing of rules and forms hereunder; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the agency determines, as to all the facts and circumstances concerning the matter to be investigated. (b) For the purpose of any investigation or proceeding under this act, the agency or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. (c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the agency may apply to Chancery Division of the State Superior Court for an order compelling compliance. L.1969, c. 215, s. 12.
NJ Rev Stat § 45:22A-13 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-13 - Cease and desist orders; affirmative action

45:22A-13. Cease and desist orders; affirmative action  (a) If the agency determines after notice and hearing that a person has: (1) Violated any provision of this act; (2) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in the subdivision or community lands; (3) Made any substantial change in the plan of disposition and development of the subdivision or community lands subsequent to the order of registration without obtaining prior written approval from the agency; (4) Disposed of any subdivision or community lands which have not been registered with the agency; (5) Violated any lawful order or rule of the agency, it may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the agency will carry out the purposes of this act. (b) If the agency makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order. Prior to issuing a temporary cease and desist order, the agency whenever possible by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order to the developer or his agent. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held within 30 days at a place chosen by the agency to determine whether or not it becomes permanent. L.1969, c. 215, s. 13.
NJ Rev Stat § 45:22A-14 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-14 - Revocation of registration; grounds; cease and desist order in lieu of revocation

45:22A-14. Revocation of registration; grounds; cease and desist order in lieu of revocation  (a) A registration may be revoked after notice and hearing upon a written finding of fact that the developer has: (1) Failed to comply with the terms of a cease and desist order; (2) Been convicted in any court subsequent to the filing of the statement of record for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions; (3) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of retirement subdivision or community purchasers; (4) Failed faithfully to perform any stipulation or agreement made with the agency as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; (5) Advertised his lands or responded to applications for his lands in a manner which was discriminatory on the basis of race, creed, or national origin; (6) Made intentional misrepresentations or concealed material facts in a statement of record filed for registration. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. (b) If the agency finds after notice and hearing that the developer has been guilty of a violation for which revocation could be ordered, it may issue a cease and desist order instead. L.1969, c. 215, s. 14.
NJ Rev Stat § 45:22A-15 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-15 - Penalties for violations

45:22A-15. Penalties for violations  Any person who willfully violates any provision of this act or of a rule adopted under it or any person who willfully, in a statement of record filed for registration makes any untrue statement of a material fact or omits to state a material fact shall be fined not less than $250.00 or double the amount of gain from the transaction, whichever is the larger but not more than $50,000.00; or he may be imprisoned for not more than 1 year; or both. L.1969, c. 215, s. 15.
NJ Rev Stat § 45:22A-17 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-17 - Disposition of subdivision or community lands subject to act

45:22A-17. Disposition of subdivision or community lands subject to act  Dispositions of subdivision or community lands are subject to this act if: (a) Such lands offered for disposition are located in this State; or (b) The developer's principal office is located in this State; or (c) Any offer or disposition of subdivision or community lands is made in this State, whether or not the seller or purchaser is then present in this State, if the offer originates within this State or is directed by the seller to a person or place in this State and received by the person or at the place to which it is directed. L.1969, c. 215, s. 17.
NJ Rev Stat § 45:22A-18 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-18 - Extradition of person charged under this act

45:22A-18. Extradition of person charged under this act  In the proceedings for extradition of a person charged with a crime under this act, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other State. L.1969, c. 215, s. 18.
NJ Rev Stat § 45:22A-19 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-19 - Service of process

45:22A-19. Service of process  (a) In addition to the methods of service provided for in the rules governing the New Jersey Courts, service may be made by delivering a copy of the process to the office of the agency, but it is not effective unless the plaintiff, which may be the agency in a proceeding instituted by it: (1) Forthwith sends a copy of the process and of the pleading by certified mail to the defendant or respondent at his last known address, and (2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. (b) If any person, including any nonresident of this State, engages in conduct prohibited by this act or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this State, that conduct authorizes the agency to receive service of process in any noncriminal proceeding against him or his successor which grows out of that conduct and which is brought under this act or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in subsection (a). L.1969, c. 215, s. 19.
NJ Rev Stat § 45:22A-20 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-20 - Severability of provisions

45:22A-20. Severability of provisions  If any provision of this act or the application thereof to any person or circumstances are held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. L.1969, c. 215, s. 20.
NJ Rev Stat § 45:22A-21 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-21 - Short title

45:22A-21. Short title  This act shall be known and may be cited as "The Planned Real Estate Development Full Disclosure Act." L.1977, c. 419, s. 1.
NJ Rev Stat § 45:22A-22 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-22 - Public policy

45:22A-22. Public policy  The Legislature in recognition of the increased popularity of various forms of real estate development in which owners share common facilities, units, parcels, lots, areas, or interests, and taking notice of the underlying complexities of these new and proliferating forms, deems it necessary in the interest of the public health, safety, and welfare, and in the effort to provide decent, safe and affordable housing, and to foster public understanding and trust, that dispositions in these developments be regulated by the State pursuant to the provisions of this act. L.1977, c. 419, s. 2.
NJ Rev Stat § 45:22A-24 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-24 - Administration of act

45:22A-24. Administration of act  4. This act shall be administered by the Division of Housing and Development in the State Department of Community Affairs, hereinafter referred to as the "agency."  L.1977,c.419,s.4; amended 1993,c.258,s.9.
NJ Rev Stat § 45:22A-25 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-25 - Exemptions.

45:22A-25 Exemptions.   5. a. Unless the method of disposition is adopted for purposes of evasion, the provision of this act shall not apply to offers or dispositions: (1) By an owner for his own account in a single or isolated transaction; (2) Wholly for industrial, commercial, or other nonresidential purposes; (3) Pursuant to court order; (4) By the United States, by this State or any of its agencies or political subdivisions; (5) Of real property located without the State; (6) Of cemetery lots or interests; (7) Of less than 100 lots, parcels, units or interests; provided, however, that with respect to condominiums and cooperatives, this exemption shall not apply, irrespective of the number of lots, parcels, units, or interests offered or disposed of; (8) Of developments where the common elements or interests, which would otherwise subject the offering to this act, are limited to the provision of unimproved, unencumbered open space; (9) In a development composed wholly of rental units, where the relationship created is one of landlord and tenant ; (10) Of any form of timesharing. b. The agency may from time to time, pursuant to its rules and regulations, exempt from any of the provisions of this act any development, or any lots, units, parcels, or interests in a development, if it finds that the enforcement of this act with respect to such, is not necessary in the public interest or required for the protection of purchasers by reason of the small amount of the purchase price involved, the limited character of the offering, or the limited nature of the common or shared elements. L.1977, c.419, s.5; amended 2006, c.63, s.40.
NJ Rev Stat § 45:22A-26 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-26 - Registration of development; delivery to purchaser of current public offering statement; right to cancel contract after execution; notice

45:22A-26. Registration of development; delivery to purchaser of current public offering statement; right to cancel contract after execution; notice  a. Unless otherwise exempted: (1) No developer may offer or dispose of any interest in a planned real estate development, prior to the registration of such development with the agency. (2) No developer may dispose of any lot, parcel, unit, or interest in a planned real estate development, unless he: delivers to the purchaser a current public offering statement, on or before the contract date of such disposition. b. Any contract or agreement for the purchase of any parcel, lot, unit, or interest in a planned real estate development may be canceled without cause by the purchaser by sending or delivering written notice of cancellation by midnight of the seventh calendar day following the day on which the purchaser has executed such contract or agreement. Every such contract or agreement shall contain, in writing, the following notice in 10-point bold type or larger, directly above the space provided for the signature of the purchaser: "NOTICE TO THE PURCHASER: you have the right to cancel this contract by sending or delivering written notice of cancellation to the developer by midnight of the seventh calendar day following the day on which it was executed. Such cancellation is without penalty, and any deposit made by you shall be promptly refunded in its entirety." c. Notice as required in subsection b. shall, in addition to all other requirements, be conspicuously located and simply stated in the public offering statement. d. The developer shall make copies of the public offering statement freely available to prospective purchasers prior to the contract date of disposition. L.1977, c. 419, s. 6.
NJ Rev Stat § 45:22A-29 (2021)
2021 New Jersey Revised Statutes|Title 45 - Professions and Occupations|Section 45:22A-29 - Investigation of application

45:22A-29. Investigation of application  Upon receipt of an application for registration in proper form, the agency shall forthwith initiate an investigation to determine that: a. The developer can convey or cause to be conveyed the units offered for disposition if the purchaser complies with the terms of the offer; b. There is reasonable assurance that all proposed improvements can be completed as represented; c. The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the agency in its rules and afford full and fair disclosure; d. The developer has not, or if a corporation, its officers and principals have not, been convicted of a crime involving any aspect of the real estate sales business in this State, United States, or any other state or foreign country within the past 10 years; and that the developer has not been subject to any permanent injunction or final administrative order restraining a false or misleading promotional plan involving real property dispositions the seriousness of which in the opinion of the agency warrants the denial of registration; and e. The public offering statement requirements of this act have been satisfied. L.1977, c. 419, s. 9.