reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22-35 - Marking "secondhand" watches

45:22-35. Marking "secondhand" watches
Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation or corporations, engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell or exchange, or offer for sale or exchange, expose for sale or exchange, possess with the intent to sell or exchange, or display with the intent to sell or exchange any secondhand watch, shall affix and keep affixed to the same a tag with the words "second-hand" clearly and legibly written or printed thereon, and the said tag shall be so placed that the words "second-hand" shall be in plain sight at all times.
L.1939, c. 55, p. 80, s. 1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22-36 - Special invoice required

45:22-36. Special invoice required
Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation or corporations, engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell a second-hand watch or in any other way pass title thereto shall deliver to the vendee a written invoice bearing the words "second-hand watch" in bold letters, larger than any of the other written matter upon said invoice. Said invoice shall further set forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers (if any), and any other distinguishing numbers or identification marks upon its case and movement. If the serial numbers or other distinguishing numbers or identification marks shall have been erased, defaced, removed, altered or covered, said invoice shall so state. The vendor shall keep on file a duplicate of said invoice for at least five years from the date of the sale thereof, which shall be open to inspection during all business hours by the prosecutor of the pleas of the county, in which the vendor is engaged in business or his duly authorized representative.
L.1939, c. 55, p. 80, s. 2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22-37 - Advertising "secondhand" watches

45:22-37. Advertising "secondhand" watches
Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation or corporations, or any agent or servant thereof, who may advertise or display in any manner a second-hand watch for sale or exchange shall state clearly in such advertisement or display that said watch is a second-hand watch.
L.1939, c. 55, p. 81, s. 3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22-38 - Definition of "secondhand" watch

45:22-38. Definition of "secondhand" watch
A watch shall be deemed to be second-hand if
(a) It as a whole or the case thereof or the movement thereof has been previously sold to or acquired by any person who bought or acquired the same for his use or the use of another, but not for resale; provided, however, that a watch which has been so sold or acquired and is thereafter returned either through an exchange or for credit to the original individual firm, partnership, association or corporation who sold or passed title to such watch, shall not be deemed to be a second-hand watch for the purposes of this act, if such vendor shall keep a written or printed record setting forth the name of the purchaser thereof, the date of the sale or transfer thereof, and the serial number (if any) on the case and the movement, and any other distinguishing numbers or identification marks, which said record shall be kept for at least five years from the date of such sale or transfer and shall be open for inspection during all business hours by the prosecutor of the pleas of the county in which such vendor is engaged in business or his duly authorized representative; or
(b) Its case serial numbers or movement numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered or covered; or
(c) If its movement is more than five years old and has been repaired by any person or persons, including the vendor, notwithstanding that it may have been returned either through an exchange or for credit to the said original vendor. Cleaning and oiling a watch movement or recasing the movement in a new case shall not be deemed a watch repair for the purposes of this section.
L.1939, c. 55, p. 81, s. 4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22-39 - Penalty

45:22-39. Penalty
Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation or corporations, or any agent or servant thereof, who shall violate any of the provisions of this act shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed the sum of five hundred dollars ($500.00) or by imprisonment not to exceed one hundred days, or both.
L.1939, c. 55, p. 82, s. 5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22-40 - Pawnbroker's auction sales excepted

45:22-40. Pawnbroker's auction sales excepted
The provisions of this act shall not apply to pawnbroker's auction sales or unredeemed pledges.
L.1939, c. 55, p. 82, s. 6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-4 - Application of act; exemptions

45:22A-4. Application of act; exemptions
Unless the method of disposition is adopted for the purpose of evasion of this act, the provisions of this act do not apply to offers or dispositions of an interest in land by a purchaser of subdivided lands for his own account in a single or isolated transaction; nor shall the provisions of this act apply to the following:
(a) Offers or dispositions of evidences of indebtedness secured by a mortgage or deed of trust of real estate;
(b) Offers or dispositions of securities or units of interest issued by a real estate investment trust regulated under any State or Federal Statute;
(c) The sale or lease of real estate under or pursuant to court order;
(d) A subdivision as to which the agency has granted an exemption as provided in section 11.
(e) Deleted by amendment.
L.1969, c. 215, s. 4. Amended by L.1975, c. 335, s. 2, eff. March 3, 1976.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-30 - Registration; notice of filing of application; acceptance or rejection

45:22A-30. Registration; notice of filing of application; acceptance or rejection
a. Upon receipt of the application for registration in proper form, and accompanied by proper fee, the agency shall, within 10 business days, issue a notice of filing to the applicant. Within 90 days from the date of the notice of filing, the agency shall enter an order registering the development or rejecting the registration. If no order of rejection is entered within 90 days from the date of notice of filing, the development shall be deemed registered unless the applicant has consented in writing to a delay.
b. If the agency affirmatively determines that the requirements of section 9 of this act have been met, it shall enter an order registering the development.
c. If the agency determines upon inquiry and examination that any of the requirements of section 9 of this act have not been met, the agency shall notify the applicant that the application for registration must be corrected in such particulars, within 30 days, as designated by the agency. If the requirements are not met within the time allowed, the agency may enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective until 20 days after the lapse of the aforesaid specified period during which 20-day period the applicant may petition for reconsideration and shall be entitled to a hearing. Such order of rejection shall not take effect, in any event, until such time as the hearing, once requested, has been given to the applicant.
L.1977, c. 419, s. 10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-31 - Annual report by developer

45:22A-31. Annual report by developer
Within 30 days after each anniversary date of the order registering the development, and while the developer retains any interest therein, he shall file with the agency an annual report reflecting any material changes in information contained in the original application for registration, in a form designated by the agency.
In the event that the agency determines that such annual report is no longer necessary for the protection of the public interest, or when the annual report reveals that the developer no longer retains any interest, and no longer has contractual, bonded or other obligations in the development, the agency shall issue an order terminating the responsibilities of the developer under this act.
L.1977, c. 419, s. 11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-32 - Powers of agency

45:22A-32. Powers of agency
a. The agency may:
(1) Accept registrations filed in this State, in other states or with the Federal Government;
(2) Contract with similar agencies in this State or other jurisdictions to perform investigative functions;
(3) Accept grants in aid from any governmental or other source;
(4) Cooperate with similar agencies in this State or in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules and common administrative practices;
(5) Grant exemptions pursuant to its rules and regulations;
(6) 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;
(7) 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;
(8) 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 may subpena witnesses and 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.
(9) Upon failure to obey a subpena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the agency may apply to the Superior Court for an order compelling compliance.
L.1977, c. 419, s. 12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-33 - Cease and desist orders; grounds

45:22A-33. Cease and desist orders; grounds
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 a unit;
(3) Made any substantial change in the plan of disposition and development of the subdivision subsequent to the order of registration without obtaining prior written approval from the agency;
(4) Disposed of any units, lots, parcels, or interests in a planned real estate development which have not been registered with the agency, or;
(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 or to take such other 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. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing shall be held within 10 days of such request to determine whether or not it becomes permanent. Such temporary cease and desist order shall be forwarded by certified mail.
L.1977, c. 419, s. 13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-34 - Revocation of registration; grounds; notice and hearing; findings of fact; in lieu cease and desist order

45:22A-34. Revocation of registration; grounds; notice and hearing; findings of fact; in lieu cease and desist order
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 application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, dishonest dealing, or other like offense;
(3) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of 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 marital status, sex, race, creed, or national origin;
(6) Willfully violated any provision of this act or of a rule adopted thereunder;
(7) Made intentional misrepresentation or concealed material facts in an application for registration filed for registration.
b. 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.
c. 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 in lieu thereof issue a cease and desist order. Revocation of registration may be utilized only as a remedy of last resort.
L.1977, c. 419, s. 14.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-35 - Rules and regulations; injunctions or temporary restraining orders; intervention in suits by agency

45:22A-35. Rules and regulations; injunctions or temporary restraining orders; intervention in suits by agency
a. The agency shall adopt, amend, or repeal such rules and regulations as are reasonably necessary for the enforcement of the provisions of this act in accordance with the provisions of the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.). The rules may provide for, but are not limited to: provisions for advertising standards to insure full and fair disclosure; disclosure provisions relating to conversions; provisions relating to nonbinding reservation agreements; provisions for adequate bonding or access to some escrow or trust fund not otherwise required by the municipal governing body to be located within this State, so as to insure compliance with the provisions of this act, and to compensate purchasers for failure of the registrant to perform in accordance with the terms of any contract or public statement; provisions that require a registrant to deposit purchaser down payments, security deposits or other funds in an escrow account, or with an attorney licensed to practice law in this State, until such time as the agency by its rules and regulations deems it appropriate to permit such funds to be released; provisions to insure that all contracts between developer and purchaser are fair and reasonable; provisions that the developer must give a fair and reasonable warranty on construction of any improvements; provisions that the budget for the operation and maintenance of the common or shared elements or interests shall provide for adequate reserves for depreciation and replacement of the improvements; provisions for operating procedures; and such other rules and regulations as are necessary and proper to effectuate the purposes of this act, and taking into account and providing for, the broad range of development plans and devises, management mechanisms, and methods of ownership, permitted under the provisions of this act.
b. If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of a provision of this act, or a rule or order hereunder, the agency, with or without prior administrative proceedings, may bring an action in the Superior Court to enjoin the acts or practices and to enforce compliance with this act or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver may be appointed. The agency shall not be required to post a bond in any court proceeding.
c. The agency may intervene in a suit involving any planned real estate development. In any such suit, by or against the developer, the developer shall promptly furnish the agency with notice of the suit and copies of all pleadings.
L.1977, c. 419, s. 15.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-36 - Submission to jurisdiction by application; service of process; conduct prohibited by act; authorization of agency to receive service

45:22A-36. Submission to jurisdiction by application; service of process; conduct prohibited by act; authorization of agency to receive service
a. For purposes of this act, an application for registration submitted to the agency shall be deemed a submission by the applicant to the jurisdiction of the New Jersey courts.
b. In addition to the methods of service of process 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 such service shall not be 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, or within such further time as the court allows.
c. If any person, including any nonresident of this State, engages in conduct prohibited by this act or any rule or order hereunder, and does not file a consent to the 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 b.
L.1977, c. 419, s. 16.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-37 - Untruth, omission or misleading statement by developer; liability; persons liable; invalidity of agreement by purchaser to waive compliance with act

45:22A-37. Untruth, omission or misleading statement by developer; liability; persons liable; invalidity of agreement by purchaser to waive compliance with act
a. Any developer disposing of real property subject to this act, who shall violate any of the provisions of section 6 hereof, or who in disposing of such property makes an untrue statement of material fact or omits a material fact from any application for registration, or amendment thereto, or from any public offering statement, or who makes a misleading statement with regard to such disposition, shall be liable to the purchaser for double damages suffered, and court costs expended, including reasonable attorney's fees, unless in the case of an untruth, omission, or misleading statement such developer sustains the burden of proving that the purchaser knew of the untruth, omission or misleading statement, or that he did not rely on such information, or that the developer did not know and in the exercise of reasonable care could not have known of the untruth, omission, or misleading statement.
b. The court may, in addition to remedies provided herein, frame such other relief as may be appropriate under the circumstances. If the purchaser shall fail in establishing a cause of action, and the court further determines that the action was wholly without merit, the court may award attorney's fees to the developer.
c. Every person who directly or indirectly controls a development or developer liable under subsection a., every general partner, officer, or director of a developer, and every person occupying a similar status or performing a similar function, shall also be liable jointly and severally with and to the same extent as such developer, unless the person otherwise liable sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. There is a right to contribution as in cases of contract among persons so liable.
d. A person may not recover under this section in actions commenced more than 6 years after his first payment of money to the developer in the contested transaction.
e. Any stipulation or provision purporting to bind any purchaser acquiring a parcel, lot, unit, or interest, in any development subject to the provisions of this act, or any rule, regulation, or order promulgated thereunder, to a waiver of compliance with said provisions, shall be void.
L.1977, c. 419, s. 17.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-38 - Violations; fine; levy and collection

45:22A-38. Violations; fine; levy and collection
a. Any person who violates any provision of this act or of a rule adopted under it or any person who in an application for registration 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, nor more than $50,000.00 per violation.
b. The commissioner, through the agency, may levy and collect the penalties set forth in subsection a. hereof after affording the person alleged to be in violation of this act an opportunity to appear before the commissioner or his designee and to be heard personally or through counsel on the alleged violations and a finding by the commissioner that said person is guilty of the violation. When a penalty so levied by the commissioner has not been satisfied within 30 days of the levy, the penalty may be sued for and recovered by and in the name of the commissioner in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.).
c. The agency may in the interest of justice compromise any civil penalty, if in its determination the gravity of the offense or offenses does not warrant the assessment of the full fine.
L.1977, c. 419, s. 18.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-39 - Application of act to lands situated in this state

45:22A-39. Application of act to lands situated in this state
The provisions of this act shall apply to lands situated in this State whether promoted or advertised within or without the State.
L.1977, c. 419, s. 19.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-40 - Severability

45:22A-40. Severability
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.
L.1977, c. 419, s. 20.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-41 - Retirement subdivision or community; application of this act

45:22A-41. Retirement subdivision or community; application of this act
Any retirement subdivision or community as defined in the Retirement Community Full Disclosure Act, P.L.1969, c. 215 (C. 45:22A-1 et seq.) shall, after the effective date of this act, be deemed for all purposes to be subject to the provisions of this act alone, provided, however, that any portion or section of such retirement community or subdivision registered with the Division of Housing and Urban Renewal prior to the effective date of this act shall remain under the jurisdiction of the Retirement Community Full Disclosure Act.
L.1977, c. 419, s. 21.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:22A-42 - Inapplicability of act.

45:22A-42 Inapplicability of act.
22. The provisions of P.L.1977, c.419 (C.45:22A-21 et seq.), concerning the formation and registration of planned real estate developments, shall not apply to any portion of a planned real estate development which has on the effective date of P.L.1977, c.419 (C.45:22A-21 et seq.):
a. Its building permit or permits; or
b. Final municipal approval of (1) its site plan or (2), in the case of single or two-family homes or separate lots, its subdivision plat; provided that the land is not valued, assessed and taxed as an agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.); provided further that this section shall not be construed as applying to conversions or Retirement Subdivisions or Communities as defined in the "Retirement Community Full Disclosure Act," P.L.1969, c.215 (C.45:22A-1 et seq.).
L.1977, c.419, s.22; amended 2017, c.106, s.3.