2015 Hawaii Revised Statutes
TITLE 26. TRADE REGULATION AND PRACTICE
484. Uniform Land Sales Practices Act
484-5 Application for registration.

§484-5 Application for registration. (a) The application for registration of subdivided lands shall be filed in accordance with this chapter and rules adopted by the director pursuant to chapter 91, and shall contain the following documents and information:

(1) An irrevocable appointment of the director to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or the applicant's personal representative;

(2) A map or maps of the subdivided lands offered for registration showing the name and location of the subdivided lands, the division proposed or made, the topographic features of the lands, and the land area of the lots, parcels, units, or interests and the relation of the subdivided lands to existing and proposed streets, roads, easements, and other off-site improvements;

(3) The states or jurisdictions in which an application for registration or similar document has been filed, and any adverse order, judgment, or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court;

(4) The applicant's name, address, and the form, date, jurisdiction of organization, current evidence of being admitted to conduct business in this State, and the address of each of the applicant's offices in this State;

(5) The name, address, and principal occupation for the past five years of every director and officer of the applicant or person occupying a similar status or performing similar functions, including, but not limited to, every director and officer of the managing general partner of a partnership; and the extent and nature of the director's and officer's or person's interest in the applicant or the subdivided lands as of a specified date within thirty days of the filing of the application;

(6) A statement, in a form acceptable to the director, of the condition of the title to the subdivided lands containing a legal description of the subdivided lands offered for registration, including all encumbrances thereon, as of a specified date within thirty days of the date of application by a title report prepared by a title company authorized to do business in the State of Hawaii, or by a title opinion of a licensed attorney, not a salaried employee, officer, or director of the applicant or owner, or by other evidence of title acceptable to the director;

(7) Copies of the instruments which will be delivered to a purchaser to evidence the purchaser's interest in the subdivided lands and copies of the contracts and other agreements which a purchaser will be required to agree to or sign;

(8) Copies of the instruments by which the interest in the subdivided lands was acquired by the subdivider and a statement of all liens or encumbrances upon the subdivider's title to the subdivided lands, and copies of the instruments creating the liens or encumbrances, if any, with data as to recording;

(9) If there is a monetary lien or encumbrance affecting more than one lot, parcel, unit, or interest, a statement of the consequences to a purchaser in the event of a failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality;

(10) Copies of instruments creating easements, restrictions, or other encumbrances, and a statement describing all proposed easements, restrictions, or other encumbrances, affecting the subdivided lands;

(11) A statement of any existing tax and existing or proposed special taxes or assessments which affect the subdivided lands and evidence that all current taxes and assessments have been paid;

(12) A statement of the existing provisions for access, sewage disposal, water, and other public utilities in the subdivision; a statement of the improvements to be installed, the completion schedule, and a statement as to the provisions for improvement maintenance;

(13) A narrative description of the promotional plan for the disposition of the subdivided lands together with copies of all advertising material which have been prepared for public distribution by any means of communication, or a statement that no such advertising materials have been produced as of the date of application;

(14) The proposed public offering statement and a copy of the receipt for the public offering statement;

(15) An executed copy of the escrow agreement between the subdivider and a bank, savings and loan association, trust company authorized to do business in the State under an escrow arrangement, or a corporation licensed as an escrow depository under chapter 449; which agreement:

(A) Provides that all funds and instruments received from purchasers or prospective purchasers shall be held by the escrow agent in accordance with this chapter and any rules adopted by the director pursuant to chapter 91;

(B) Complies with the requirements of this chapter and any rules adopted by the director pursuant to chapter 91; and

(C) Contains a statement that no disbursement shall be made from the escrow account to or on behalf of the subdivider until the director enters a final order registering the subdivided land and until the requirements of sections 484-8.6(b) and (c) and 484-8.7 are met;

(16) Any other documents or information, including any current financial statement, which the director by the director's rules requires:

(A) For the protection of purchasers; or

(B) To obtain, or as a result of having obtained, certification of Hawaii law by the Secretary of the Department of Housing and Urban Development pursuant to 15 United States Code section 1708;

(17) A statement which indicates the existing zoning and the land use designation of each lot and the proposed use of each lot in the subdivision, including, without limitation, such uses as roadway lots, residential dwellings, churches, agriculture, hospitals, schools, low density apartments, high density apartments and hotels, and a subdivision map which shows such information;

(18) If federal registration is required, the date of registration (date of filing if pending registration) and a copy of the "Statement of Record";

(19) A letter of preliminary or final subdivision approval, or both, from the county or other appropriate jurisdiction;

(20) A description of a road maintenance fund or any other maintenance fund that may have been established by the developer;

(21) A specimen of a receipt for the written notice advising of the purchaser's right to rescind a contract within seven days after signing the contract, without penalty to the purchaser;

(22) An executed copy of a listing agreement between the subdivider and a real estate broker duly licensed and in good standing under the laws of this State;

(23) The name, address, and telephone number of the subdivider's representative or real estate broker in this State; and

(24) A statement that the subdivider has not, or if a corporation, the officers, directors, and principals, or if a partnership, general partners, have not been convicted of a crime involving land dispositions or any aspect of land sales business in the United States or any foreign country within the past ten years, and have not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions.

(b) If the subdivider registers additional subdivided lands to be offered for disposition, the subdivider may consolidate or incorporate by reference the subsequent registration with any earlier registration offering subdivided lands for disposition under the same common promotional plan if the subdivider files an application for the subsequent registration within two years after a final order of registration has been issued in connection with the earlier registration.

(c) The application shall be submitted with payment of the appropriate registration and consultant fees and inspection expenses.

(d) The subdivider shall immediately report any material changes in the information contained in any application for registration. [L 1967, c 223, §5; HRS §484-5; am L 1970, c 47, §1; am L 1983, c 175, §4; gen ch 1985; am L 1992, c 132, §4; am L 2008, c 19, §52]