Section Jus 1305.02 - Sales to Developers and Builders(a) A subdivider may dispose of subdivided lots, parcels, units, or interests, prior to being registered or exempted from registration under any other provision of these rules, to persons who will further develop or improve them and offer and dispose of them to purchasers for residential use under the following conditions: (1) The subdivider shall, prior to disposing of any lots, parcels, units, or interests to other subdividers, developers, or builders, apply to the bureau in writing for an exemption from RSA 356-A:4, I and II; (2) The application to the bureau shall be in the form of an affidavit captioned CPLS120/BULK SALE, which shall be signed by the subdivider, or by an officer or principal of the subdivider authorized to sign such affidavit; (3) The application shall be accompanied by a non-refundable fee of $200; (4) The application shall include: a. The name, address, and telephone number of the subdivider, one of its principals, and its attorneys, if any; b. The name and location of the subdivision; c. The total number of lots, parcels, units, or interests that are included or may eventually be included in the subdivision; d. The number of lots which may be disposed of to other subdividers, developers, or builders; e. The names, addresses, and telephone numbers of each of the other subdividers, developers, or builders to whom dispositions may be made; f. If the disposition is to be made to a legally constituted entity, an identification of the legal form of said entity, the location of its principal place of business, and the identity of each principal thereof;g. A statement that no offers or dispositions of lots for which exemption is sought pursuant to this section have been made prior to the date the notice was mailed or delivered to the bureau, except as provided by (a)(13) below; and h. A statement that the purchase agreement between the subdivider and any other subdivider, developer, or builder shall contain an acknowledgment that no offers or dispositions may be made to any purchaser for residential use until such time as the subdivision and the subject lots, parcels, units, or interests have been registered or exempted by the bureau upon application by the purchaser thereof; (5) All lots, parcels, units, or interests subject to Jus 1303.05 shall be registered or exempted by the bureau prior to offers or dispositions being made to purchasers for residential use, regardless of whether a subsequent subdivider, developer, or builder is to offer or dispose of fewer than 16 lots, parcels, units, or interests; (6) The provisions of Jus 1305.02 shall not apply to any subdivision involving time share interests; (7) Within 30 days after receipt of an application, the bureau shall notify the applicant, either orally or in writing that: a. The application contains apparent errors or omissions, which shall be identified by the bureau; b. The application has been denied in whole or in part; c. The exemption has been granted in whole or in part; or d. The applicant is required to submit additional information; (8) The time limit imposed by Jus 1305.02(a)(7) shall be extended by the bureau upon written agreement of the applicant; (9) No person shall engage in any conduct with respect to which an exemption has been or should have been sought under this rule, until such time as the application of exemption has been granted; (10) The bureau shall impose any condition of exemption for the protection of purchasers pursuant to RSA 356-A; (11) Any exemption granted pursuant to this section shall be limited to the offer and disposition described by the subdivider in the notice submitted pursuant to this section; (12) If the disposition of lots, parcels, units, or interests identified in an application submitted to the bureau pursuant to (a)(5) of this section is not consummated as set forth in the application, the subdivider shall so notify the bureau in writing; and (13) Neither this section, nor any other section of these rules or of RSA 356-A shall be construed to prohibit a subdivider from soliciting or negotiating offers to purchase some or all lots, parcels, units, or interests in a subdivision prior to registration or exemption of those lots, parcels, units, or interests from persons or entities who will further develop or improve them and offer or dispose of them to purchasers for residential use, provided that the subdivider shall apply for, and receive exemption pursuant to this section prior to disposing of such lots, parcels, units, or interests.N.H. Admin. Code § Jus 1305.02
(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10
Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12656, Effective 10/24/2019, Expires 10/24/2029.