Current through the 2024 Fourth Special Session
Section 57-29-203 - Required disclosures(1) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide each prospective purchaser a written disclosure, related to the real property in which the undivided fractionalized long-term estate is offered, that: (a) if applicable: (i) includes a copy of any master lease agreement; and(ii) states whether the sponsor is the master lease tenant or an affiliate of the master lease tenant;(b) includes any material information that relates to a current lease or sublease that affects the real property in which the undivided fractionalized long-term estate is offered;(c) includes a copy of: (i) a tenants in common agreement; or(ii) an agreement that forms the substance of the undivided fractionalized long-term estate and includes a definition of the undivided fractionalized interest;(d) describes any improvements to the real property in which the undivided fractionalized long-term estate is offered;(e) includes a copy of any management agreement;(f) describes the relationship, if any, between each property manager and the sponsor; and(g) includes any additional information that an ordinarily prudent purchaser would consider material to deciding whether to purchase the undivided fractionalized long-term estate, as determined by the commission, with concurrence by the division, by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(2) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide the written disclosure described in Subsection (1) to the prospective purchaser before the prospective purchaser purchases the undivided fractionalized long-term estate.Added by Chapter 381, 2016 General Session ,§ 6, eff. 5/10/2016.