§ 1010.10 Single-family residence exemption.
(a)General. The of a which meets the requirements specified under paragraphs (b) and (c) of this section is exempt from the registration requirements of the .
(b)Subdivision requirements.
(1) The subdivision must meet all local codes and standards.
(2) In the promotion of the subdivision there must be no offers, by direct mail or telephone solicitation, of gifts, trips, dinners or use of similar promotional techniques to induce prospective purchasers to visit the subdivision or to purchase a .
(c)Lot requirements.
(1) The must be located within a municipality or county where a unit of local government or the specifies minimum standards in the following areas for the development of subdivision taking place within its boundaries:
(i) dimensions.
(ii) Plat approval and recordation.
(iii) Roads and access.
(iv) Drainage.
(v) Flooding.
(vi) Water supply.
(vii) Sewage disposal.
(2) Each sold under the exemption must be either zoned for single-family residences or, in the absence of a zoning ordinance, limited exclusively by enforceable covenants or restrictions to single-family residences. Manufactured homes, townhouses, and residences for one-to-four family use are considered single-family residences for purposes of this exemption provision.
(3) The must be situated on a paved street or highway which has been built to standards established by the or the unit of local government in which the subdivision is located. If the roads are to be public roads they must be acceptable to the unit of local government that will be responsible for maintenance. If the street or highway is not complete, the developer must post a bond or other surety acceptable to the municipality or county in the full amount of the cost of completing the street or highway to assure completion to local standards. For purposes of this exemption, paved means concrete or pavement with a bituminous surface that is impervious to water, protects the base and is durable under the traffic load and maintenance contemplated.
(4) The unit of local government or a homeowners association must have accepted or be obligated to accept the responsibility for maintaining the street or highway upon which the is situated. In any case in which a homeowners association has accepted or is obligated to accept maintenance responsibility, the developer must, prior to signing of a contract or agreement to purchase, provide the purchaser with a good faith written estimate of the cost of carrying out the responsibility over the first ten years of ownership.
(5) At the time of closing, potable water, sanitary sewage disposal, and electricity must be extended to the or the unit of local government must be obligated to install the facilities within 180 days following closing. For subdivisions which will not have a central water or sewage disposal system, there must be assurances that an adequate potable water supply is available year-round and that the is approved for the installation of a septic tank.
(6) The contract of must require delivery within 180 days after the signing of the contract of a warranty deed, which at the time of delivery is free from monetary liens and encumbrances. If a warranty deed is not commonly used in the jurisdiction where the is located, a deed or grant which warrants that the seller has not conveyed the to another may be delivered in lieu of a warranty deed. The deed or grant used must warrant that the is free from encumbrances made by the seller or any other claiming by, through, or under the seller.
(7) At the time of closing, a title insurance binder or title opinion reflecting the condition of title must be in existence and issued or presented to the purchaser showing that, subject only to exceptions which are approved in writing by the purchaser at the time of closing, marketable title to the is vested in the seller.
(8) The purchaser or purchaser's spouse must make a personal, on-the-lot inspection of the purchased prior to signing a contract or agreement to purchase.
(d) The must also comply with the anti-fraud provisions of § 1010.4(b) and (c) of this part.