(a)General instructions.
(1) Below the heading “Title to the Property and Land Use” insert the introductory paragraphs set forth in section XIV of the appendix to this part: Paragraphs to be included in the General Report - Title to the Property and Land Use.
(2)Information to be provided. After the above introductory paragraphs provide the information required by the following instructions and questions. Follow a general form identical to the sample page set forth in section IX of the appendix to this part: Sample Page for Statement of .
(b)Method of sale:
(1)Sales contract and delivery of deed.
(i) Will the buyer sign a purchase money or installment contract or similar instrument in connection with the purchase of the lot? When will a deed be delivered?
(ii) If an installment contract is used, include the following, or substantially the same, language in the disclosure narrative under “Method of Sale”: “If you fail to make your payments required by the contract, you may lose your and all monies paid.”
(iii) If, at the time of a credit , the developer gives the buyer a deed to the , what type of security must the buyer give the seller?
(iv) If the are to be sold on the basis of an installment contract, can the developer or the of the subdivision or their encumber the under contract? If so, include the following warning in the disclosure narrative under the caption “Sales contract and delivery of deed”: “The (indicate subdivision developer, , or their creditors) can place a on or encumber the in this subdivision after they are under contract. This may cause you to lose your and any monies paid on it.”
(2)Type of deed. What type of deed will be used to convey title to in the subdivision?
(3)Quitclaim deeds. If a quitclaim deed is to be given to purchasers insert the below warning, or a warning which is substantially the same, in the disclosure narrative below the caption “Quitclaim Deeds.” This particular warning may be deleted at the direction of the Director if an acceptable attorney's opinion is submitted with the Statement of which indicates that a quitclaim deed has a meaning in the jurisdiction where the subdivision is located which is substantially contrary to the effect of this warning. This warning shall be phrased substantially as follows: “The Quitclaim deed used to transfer title to in this subdivision gives you no assurance of ownership of your .”
(4)Oil, gas, and mineral rights. If oil, gas or mineral rights have been reserved, insert the following statement or one substantially the same in the narrative answer under the caption “oil, gas, and mineral rights”: “The (indicate oil, gas, or mineral rights) to (state which lots) in this subdivision will not belong to the purchaser of those lots. The exercise of these rights could affect the use, enjoyment and value of your .”
(c)Encumbrances, mortgages and liens -
(1)In general. whether any of the or common facilities which serve the subdivision, other than recreation facilities, are subject to a blanket encumbrance, or lien. If yes, identify the type of encumbrance (e.g., deed of trust, , mechanics liens), the holder of the lien, and the covered by the lien. If any blanket encumbrance, , or lien is not current in accordance with its terms, so indicate.
(2)Release provisions.
(i) Explain the effect of any release provisions of any blanket encumbrance, or lien and include the one of the following statements that pertains.
(A) If the release clauses are not included in a instrument, insert the statement set forth in section XV of the appendix to this part: Statement on Release Provisions, or one substantially the same in the disclosure narrative below under the caption “Release Provisions.”
(B) If the developer or subdivision that the release provisions are and that the purchaser may pay the release price of the , the statement shall be supported by documentation supplied in § 1010.209. If the purchaser may pay the release fee, the amount of the release fee and inform the purchaser that the amount may be in addition to the contract payments unless there is a trust or escrow arrangement in which the purchaser's payments are set aside to pay the release price before any payments are made to the developer.
(C)(1) If there are no provisions in the blanket encumbrance for release of an purchaser's from a blanket encumbrance, include the warning set forth in section XVI of the appendix to this part: Warning for Release Provisions or a warning substantially the same, in the disclosure narrative under the “Release Provisions” caption.
(2) If the provisions for release of from the blanket encumbrance may be exercised only by the developer insert the following statement, or one substantially the same, in the disclosure narrative under the “Release Provisions” caption: “The release provisions in the (state the type of encumbrance) on (indicate all or particular ) in this subdivision may be exercised only by us. Therefore, if we default on the (state type of encumbrance) before obtaining a release of your , you may lose your and any money you have paid for it.”
(d)Recording the contract and deed -
(1)Method or purpose of recording.
(i) what protection, if any, of deeds and contracts gives a purchaser in your jurisdiction.
(ii) If the contract or deed may be , so . Also whose responsibility it is to the contract or deed.
(iii) If the developer or subdivision will not have the contract officially acknowledged or if the applicable jurisdiction will not contracts, that contracts will not be and why they will not be .
(iv) If at, or immediately after, the signing of a contract, the contract or a deed transfer to the buyer is not by the developer or or if title to the is not otherwise transferred of to a trust, or if other sufficient notice of transfer or is not placed of , then the developer shall include the warning set forth in section XVII of the appendix to this part: Method and Purpose of Warning, or substantially the same warning in the disclosure narrative under the caption “Method and Purpose of .” The reference to contracts shall be deleted from the above warning if the answer to paragraph (d)(1)(i) of this section indicates that of a contract in the subject jurisdiction does not protect the purchaser from claims of later purchasers or of anyone having an interest in the land.
(2)Title insurance. If the developer does not deliver a title insurance policy to the buyer, that the purchaser should obtain an attorney's opinion of title or a title insurance policy which will describe the rights of ownership which are being acquired in the . Recommend that an appropriate professional should interpret the opinion or policy.
(e)Payments -
(1)Escrow. If purchasers' deposits, down payments, or installment payments are to be placed in a third escrow or similar account, describe the arrangement including the name and address of the escrow holder or similar . If there is no such arrangement, insert the statement set forth in section XVIII of the appendix to this part: Escrow Statement. The questions regarding an escrow agreement or similar protection may be answered affirmatively only if the money is under the of an independent third , allowing a purchaser to receive a return of all money paid in the event of the developer's failure to convey title or the developer's default on any which would otherwise result in the purchaser's loss of that money.
(2)Prepayments. Explain any prepayment penalties or privileges in everyday language.
(3)Default. What are the developer's or subdivision owners' remedies against a defaulted purchaser?
(f)Restrictions on the use of your lot -
(1)Restrictive covenants.
(i) Have any restrictive covenants been against the land in the subdivision? If so, do they contain items which require the purchaser to secure permissions, approvals or take any other action prior to using or disposing of his (e.g., architectural , developer's right of first refusal, building deadlines, etc.)? If any of these or similar items are included, explain their meaning and effect upon the purchaser.
(ii) If any restrictive covenants are to be used and if they have not been recorded, how will they be imposed? Include a statement to the effect that the restrictive covenants have not been recorded; that there is no assurance they will be applied uniformly; that they may be changed and that they may be difficult to enforce. If no restrictive covenants will be imposed, include a statement to the effect that, since there are no restrictive covenants on the use of the lots, they may be used for purposes which could adversely affect the use and enjoyment of surrounding lots.
(iii) If there are restrictive covenants, whether or un , the following statement shall be made: “A complete copy of these restrictions is available upon .”
(2)Easements.
(i) Are there easements which may have an effect on the purchaser's building or use plans (e.g., large drainage easements along lines, high voltage electric transmission lines, pipe lines or drainage easements which encroach upon the building area of the or inhibit its use)?
(ii) Is the subdivision subject to any type of flood or flowage easements?
(iii) If the answer to either (2)(i) or (2)(ii) is in the affirmative, identify the affected and the effect upon the use of the .
(g)Plats, zoning, surveying, permits and environment -
(1)Plats.
(i) Have the subdivision plans and plats of specific units been approved by the regulatory authorities? If the approvals have not been obtained, include a warning to the effect that regulatory authorities have not approved the proposed plats; that they may require significant alterations before they will approve them and they may not allow the land to be used for the purpose for which it is being sold.
(ii) Have plats covering the in this Report been recorded? If so, where are they recorded? If they have not been recorded, is the description of the given in this Report legally adequate for the conveyance of land in the jurisdiction where the subdivision is located? If it is not, include a statement to the effect that the description of the is not legally adequate for the conveyance of the and that it will not be until the plat is recorded.
(2)Zoning. For what purpose may the be used (e.g., single family homes, camping, commercial)? Does this use conform to local zoning requirements and the restrictive covenants?
(3)Surveying. Has each been surveyed and is each marked for identification? If not, and the purchaser is responsible for the expense, the estimated cost.
(4)Permits. Must the purchaser obtain a building permit before beginning construction on his lot? Where is the permit obtained? Are any other permits necessary to use the for the purpose for which it is sold or for construction in connection with its use?
(5)Environment. Has there been any environmental impact study prepared which considers the effect of the subdivision on the environment? If a study has been prepared, summarize any adverse conclusions and refer the buyer to the proper Clearinghouse for complete information. If a study has not been prepared, include a statement that “No determination has been made as to the possible adverse effects the subdivision may have upon the environment and surrounding area.” If the developer does not know whether an environmental impact study has been prepared, or the name and location of the where any study made can be found, inquiry should be made to the or Area Clearinghouse established under the authority of title IV of the Intergovernmental Cooperation of 1968.