Section

[Code of Federal Regulations]
[Title 24, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR1710.102]

[Page 24-28]

TITLE 24--HOUSING AND URBAN DEVELOPMENT

CHAPTER X--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING
COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INTERSTATE
LAND SALES REGISTRATION PROGRAM)

PART 1710_LAND REGISTRATION--Table of Contents

Subpart B_Reporting Requirements

Sec. 1710.102 General instructions for completing the Statement of

Record.

(a) Paper and type. The Statement of Record shall be on good
quality, unglazed white or pastel paper. Letter size paper,
approximately 8x11 inches in size, will be used for the Property Report
portion and legal size paper, approximately 8\1/2\x14 inches in size,
will be used for the Additional Information and Documentation portion.
Side margins shall be no less than 1 inch and no greater than 1\1/2\
inches. Top and bottom margins shall be no less than 1

[[Page 25]]

inch. In the preparation of the charts to be included in the Property
Report, the developer may vary from the above margin requirements or
print the charts lengthwise on the required size paper if such measures
are necessary to make the charts readable. The Statement of Record shall
be prepared in an easily readable style of elite or pica or similar type
of uniform font in blue, black or blueblack ink.
(b) Numbering and dating. Each page of the Statement of Record as
submitted to OILSR shall be numbered and shall include the date of
typing or preparation in the lower right hand corner, except in the
final printed version of the Property Report portion.
(c) Signing. The Statement of Record shall be signed by the senior
executive officer of the developer or a designated agent.
(d) Printing. The Statement of Record and, insofar as practical, all
papers and documents filed as a part thereof, shall be printed,
lithographed, photocopied, typewritten or prepared by any similar
process which, in the opinion of the Secretary, produces copies suitable
for a permanent record. Irrespective of the process used, all copies of
any such materials shall be clear and easily readable.
(e) Headings, subheadings, captions, introductory paragraphs,
warnings. Property Report subject ``headings'' are those descriptive
introductory words which appear immediately after section numbers
1710.106 through 1710.116 (e.g. Sec. 1710.108 has ``General
Information'' and Sec. 1710.111 has ``Utilities''). Each such heading
shall be printed in the Property Report in underlined capital letters
and centered at the top of a new page. Section numbers shall not be
printed in the Property Report. Property Report subheadings are those
descriptive introductory words which appear in italics in the
regulations at the beginning of paragraphs designated by paragraph
letters (a), (b), (c) etc. An example of a subheading is ``water'' found
immediately after the paragraph letter (a) in Sec. 1710.111. These
subheadings will be printed in the Property Report only if they are
relevant to the subject subdivision. If printed these subheadings shall
be capitalized and shall begin at the left hand margin of the page.
Property Report ``captions'' are those descriptive introductory words
which appear in italics in the Regulations at the beginning of
subparagraphs designated by numbers (1), (2), (3), etc. An example of
such captions is ``Sales Contract and Delivery of Deed'' found
immediately after the subparagraph number ``(1)'' in Sec. 1710.109 (b).
These captions are to be printed in the Property Report only if they are
applicable to the subject subdivision. If printed, these captions shall
be centered on the page from the side margins, and shall have only the
first letter of each word capitalized. Headings and subheadings will be
used in the Property Report in accordance with the sample page appearing
in Sec. 1710.102. Introductory paragraphs will follow headings if they
are applicable and necessary for a readable entry into the subject
matters, but note, the introductory paragraphs for ``Title to the
Property and Land Use'' are to be used in every case as provided in
Sec. 1710.109(a)(1). Subheadings and captions which do not apply to the
subdivision should be omitted from the Property Report portion and
answered ``not applicable'' in the Additional Information and
Documentation portion, unless specifically required to be included
elsewhere in these instructions. Warnings shall be printed substantially
as they appear in the instructions in Sec. Sec. 1710.105 through
1710.118. They shall be printed in capital letters and enclosed in a box
as shown on the sample page in Sec. 1710.102. The paragraphs in the
Property Report portion need not be numbered.

[[Page 26]]

ACCESS TO THE SUBDIVISION.

Sample Page

roads

Here we discuss the roads that lead to the subdivision, those within
the subdivision and the location of nearby communities.

County road 43 leads to the subdivision. It has two lanes
and the width of the wearing surface is 22 feet. It's paved with a
macadam surface.

This road is maintained by Bottineau County with County funds. No
improvements are planned at this time.

ACCESS WITHIN THE SUBDIVISION.

The roads within the subdivision will be located on rights of way
dedicated to the public.

We are responsible for constructing the interior roads. There will
be no additional cost to you for this construction.

WE HAVE NOT SET ASIDE ANY FUNDS IN AN ESCROW OR TRUST ACCOUNT OR
MADE ANY OTHER FINANCIAL ARRANGEMENTS TO ASSURE COMPLETION OF THE ROADS,
SO THERE IS NO ASSURANCE WE WILL BE ABLE TO COMPLETE THE ROADS.

At present, the roads are under construction and do not provide
access to the lots in Units 2 and 3 during wet weather. The succeeding
chart describes their present condition and estimated completion dates.

----------------------------------------------------------------------------------------------------------------
Percentage
Estimated starting of Estimated
Unit date (month and construction completion date Present surface Final surface
year) now complete (month and year)
----------------------------------------------------------------------------------------------------------------
1................. February 1979..... 50 December 1979..... Gravel............ Asphalt.
2................. August 1979....... 0 June 1980......... Dirt.............. Do.
3................. April 1980........ 0 October 1980...... None.............. Do.
----------------------------------------------------------------------------------------------------------------

(f) Language style. All information given in the Property Report
portion shall be stated in narrative form using plain, concise, everyday
language which can be readily understood by purchasers who are
unfamiliar with real estate transactions. Excessively long paragraphs
should be avoided. Keep them as brief as possible. Use separate
paragraphs for different points discussed. Disclose all pertinent facts.
Potential consequences to a purchaser must be made clear even though not
specifically asked for in the format and the instructions. In the
Property Report the pronouns ``you'' and ``your'' shall generally be
used in referring to the prospective purchaser and the pronouns ``we'',
``us'', and ``our'' shall generally be used in referring to the
developer. The Secretary specifically reserves the right to require
modification of the text when the narrative does not meet the standards
of this section.
(g) Format of the Additional Information and Documentation portion
of the Statement of Record. The supporting information and documentation
required by these regulations shall be identified by affixing a tab on
the right side of the cover sheet of the required information or
documentation and by identifying on the tab the section number

[[Page 27]]

of the Statement of Record instructions to which the information or
documentation corresponds. This information or documentation shall then
be placed immediately after the page(s) on which the section number and
answers for that section appear. If the data in a document is applicable
to more than one section of instructions, the developer may substitute
as a document in the second case a statement incorporating the earlier
document by reference. Deeds, title policies, subdivision plats or maps
and other documentary information required to be contained in the
Additional Information and Documentation portion of the Statement of
Record need not be on the same size paper as the Statement of Record
but, if larger, shall be folded to a size no larger than 8\1/2\x14
inches. Supporting documents shall be inserted into the binding in such
a manner as to permit them to be examined without the necessity of
removing them from the binding. This may be accomplished by proper
folding or through the use of envelopes.
(h) Binding. The Statement of Record shall be bound with the
Property Report portion on top, including any documents which may be
required to be attached when delivered to the purchaser, followed by the
Additional Information and Documentation portion.
(i) Advertising and promotional material. No advertising, or
promotional material or statements which are self-serving on behalf of
the developer or owner may be included in the Statement of Record or
resulting Property Report.
(j) Additional information. (1) In addition to the information
expressly required to be stated in the Statement of Record, there shall
be added, and the Secretary may require, such further material
information, documentation and certification as may be necessary in the
public interest and for the protection of purchasers or necessary in
order to make the statements not misleading in the light of
circumstances under which they are made.
(2) The instructions are not all inclusive. The developer shall
include any other facts which would have a bearing upon the use by the
purchaser of any of the facilities, services or amenities; which would
cause or result in additional expenses to the purchaser; which would
have an effect upon the use and enjoyment of the lot by the purchaser
for the purpose for which it is sold or which would adversely affect the
value of the lot.
(k) Modification of format or content. The Secretary may require or
permit modification to the content and format of the Property Report to
include additional information, to modify or omit required information,
or to change the sequence or position of information when such changes
are deemed to be in the public interest or for the protection of
purchasers.
(l) Required documentation. Where the documentation required by the
Statement of Record cannot be obtained, the Secretary may permit the
best available alternative documentation to be substituted.
(m) Final version of property report. On the date that a Statement
of Record becomes effective, the Property Report portion shall become
the Property Report for the subject subdivision. The version of the
Property Report delivered to prospective lot purchasers shall be
verbatim to that found effective by the Secretary and shall have no
covers, pictures, emblems, logograms or identifying insignia other than
as required by these regulations. It shall meet the same standards as to
grade of paper, type size, margins, style and color of print as those
set herein for the Statement of Record, except where required otherwise
by these regulations. However, the date of typing or preparation of the
pages and the OILSR number shall not appear in the final version. If the
final version of the Property Report is commercially printed, or
photocopied by a process which results in a commercial printing quality,
and is bound on the left side, both sides of the pages may be used for
printed material. If it is typed or photocopied by a process which does
not result in a clear and legible product on both sides of the page or
is bound at the top, printing shall be done on only one side of the
page. Three copies of the final version of the Property Report, in the
exact form in which it is delivered to prospective lot purchasers, shall
be sent to this Office within 20 days of the

[[Page 28]]

date on which the Statement of Record, amendment, or consolidation is
allowed to become effective by the Secretary. If a Property Report in a
foreign language is used as required by Sec. 1715.25(g), three copies
of that Property Report together with copies of the translated documents
shall be furnished the Secretary within 20 days of the date on which the
advertising is first used. A Property Report prepared pursuant to these
regulations shall not be distributed to potential lot purchasers until
after the Statement of Record of which it is a part or any amendment to
that Statement of Record has been made effective by the Secretary.

(Approved by the Office of Management and Budget under control number
2502-0243)

[44 FR 21453, Apr. 10, 1979, as amended at 45 FR 40488, June 13, 1980;
49 FR 31370, Aug. 6, 1984; 49 FR 33644, Aug. 24, 1984]