§ 1701. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1701]
TITLE 15--COMMERCE AND TRADE
CHAPTER 42--INTERSTATE LAND SALES
Sec. 1701. Definitions
For the purposes of this chapter, the term--
(1) ``Secretary'' means the Secretary of Housing and Urban
Development;
(2) ``person'' means an individual, or an unincorporated
organization, partnership, association, corporation, trust, or
estate;
(3) ``subdivision'' means any land which is located in any State
or in a foreign country and is divided or is proposed to be divided
into lots, whether contiguous or not, for the purpose of sale or
lease as part of a common promotional plan;
(4) ``common promotional plan'' means a plan, undertaken by a
single developer or a group of developers acting in concert, to
offer lots for sale or lease; where such land is offered for sale by
such a developer or group of developers acting in concert, and such
land is contiguous or is known, designated, or advertised as a
common unit or by a common name, such land shall be presumed,
without regard to the number of lots covered by each individual
offering, as being offered for sale or lease as part of a common
promotional plan;
(5) ``developer'' means any person who, directly or indirectly,
sells or leases, or offers to sell or lease, or advertises for sale
or lease any lots in a subdivision;
(6) ``agent'' means any person who represents, or acts for or on
behalf of, a developer in selling or leasing, or offering to sell or
lease, any lot or lots in a subdivision; but shall not include an
attorney at law whose representation of another person consists
solely of rendering legal services;
(7) ``blanket encumbrance'' means a trust deed, mortgage,
judgment, or any other lien or encumbrance, including an option or
contract to sell or a trust agreement, affecting a subdivision or
affecting more than one lot offered within a subdivision except that
such term shall not include any lien or other encumbrance arising as
the result of the imposition of any tax assessment by any public
authority;
(8) ``interstate commerce'' means trade or commerce among the
several States or between any foreign country and any State;
(9) ``State'' includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and the territories and
possessions of the United States;
(10) ``purchaser'' means an actual or prospective purchaser or
lessee of any lot in a subdivision; and
(11) ``offer'' includes any inducement, solicitation, or attempt
to encourage a person to acquire a lot in a subdivision.
(Pub. L. 90-448, title XIV, Sec. 1402, Aug. 1, 1968, 82 Stat. 590; Pub.
L. 93-383, title VIII, Sec. 812(a), Aug. 22, 1974, 88 Stat. 736; Pub. L.
96-153, title IV, Sec. 401, Dec. 21, 1979, 93 Stat. 1122; Pub. L. 100-
628, title X, Sec. 1089(a), Nov. 7, 1988, 102 Stat. 3283.)
Amendments
1988--Par. (10). Pub. L. 100-628 inserted ``and'' after semicolon.
1979--Par. (3). Pub. L. 96-153 substituted provisions defining
``subdivision'' as the division or proposed division of land into lots
for the purpose of sale or lease as part of a common promotional plan,
for provisions defining ``subdivision'' as the division or proposed
division of land into fifty or more lots for the purpose of sale or
lease as part of a common promotional plan and presumptions respecting
activities as being deemed part of such common promotional plan.
Pars. (4) to (11). Pub. L. 96-153 added par. (4) and redesignated
former pars. (4) to (10) as (5) to (11), respectively.
1974--Par. (3). Pub. L. 93-383, Sec. 812(a)(1), inserted ``, located
in any State or in a foreign country'' after ``any land''.
Par. (7). Pub. L. 93-383, Sec. 812(a)(2), inserted ``or between any
foreign country and any State'' after ``States''.
Effective Date of 1979 Amendment
Section 410 of title IV of Pub. L. 96-153 provided that: ``The
amendments made by this title [enacting section 1719a of this title and
amending this section and sections 1702, 1703, 1708, 1709, 1711, 1715,
and 1717 of this title] shall become effective on the effective date of
regulations implementing such amendments, but in no case later than six
months following the date of enactment of this Act [Dec. 21, 1979],
except that section 1403(b)(7) of the Interstate Land Sales Full
Disclosure Act [section 1702(b)(7) of this title], contained in the
amendment made by section 402, shall become effective on the date of
enactment.''
Effective Date
Section 1423, formerly Sec. 1422, of title XIV of Pub. L. 90-448, as
renumbered by Pub. L. 96-153, title IV, Sec. 409, Dec. 21, 1979, 93
Stat. 1132, provided that: ``This title [enacting this chapter] shall
take effect upon the expiration of two hundred and seventy days after
the date of its enactment [Aug. 1, 1968].''
Short Title
Section 1401 of title XIV of Pub. L. 90-448 provided that: ``This
title [enacting this chapter] may be cited as the `Interstate Land Sales
Full Disclosure Act'.''
