§ 1705. Information required in statement of record
The statement of record shall contain the information and be accompanied by the documents specified hereinafter in this section -
- (1) the name and address of each person having an interest in the lots in the
subdivision to be covered by the statement of record and the extent of such interest;
- (2) a legal description of, and a statement of the total area included in,
the subdivision and a statement of the topography thereof, together with a map showing the division proposed and the dimensions of the lots to be covered by the statement of record and their relation to existing streets and roads;
- (3) a statement of the condition of the title to the land comprising the
subdivision, including all encumbrances and deed restrictions and covenants applicable thereto;
- (4) a statement of the general terms and conditions, including the range of
selling prices or rents at which it is proposed to dispose of the lots in the subdivision;
- (5) a statement of the present condition of access to the subdivision, the
existence of any unusual conditions relating to noise or safety which affect the subdivision and are known to the developer, the availability of sewage disposal facilities and other public utilities (including water, electricity, gas, and telephone facilities) in the subdivision, the proximity in miles of the subdivision to nearby municipalities, and the nature of any improvements to be installed by the developer and his estimated schedule for completion;
- (6) in the case of any subdivision or portion thereof against which there
exists a blanket encumbrance, a statement of the consequences for an individual purchaser of a failure, by the person or persons bound, to fulfill obligations under the instrument or instruments creating such encumbrance and the steps, if any, taken to protect the purchaser in such eventuality;
- (7)(A) copy of its articles of incorporation, with all amendments thereto, if
the developer is a corporation; (B) copies of all instruments by which the trust is created or declared, if the developer is a trust; (C) copies of its articles of partnership or association and all other papers pertaining to its organization, if the developer is a partnership, unincorporated association, joint stock company, or any other form of organization; and (D) if the purported holder of legal title is a person other than developer, copies of the above documents for such person;
- (8) copies of the deed or other instrument establishing title to the
subdivision in the developer or other person and copies of any instrument creating a lien or encumbrance upon the title of developer or other person or copies of the opinion or opinions of counsel in respect to the title to the subdivision in the developer or other person or copies of the title insurance policy guaranteeing such title;
- (9) copies of all forms of conveyance to be used in selling or leasing lots
to purchasers;
- (10) copies of instruments creating easements or other restrictions;
- (11) such certified and uncertified financial statements of the developer as
the Secretary may require; and
- (12) such other information and such other documents and certifications as
the Secretary may require as being reasonably necessary or appropriate for the protection of purchasers.