Utah Admin. Code R162-57a-13 - Unprofessional Conduct
(1) Developer.
(a) Affirmative duties. A developer or an
individual designated by the developer shall:
(i) actively supervise project salesperson(s)
to ensure compliance with Section 57-19 et seq. and these rules;
(ii) provide the complete property report to
each prospective purchaser pursuant to Subsection
R162-57a-11(2)(b)(i);
(iii) obtain a signed receipt for property
report from a prospective purchaser prior to:
(A) executing a purchase agreement;
or
(B) receiving any item of value
toward the purchase of an interest; and
(iv)
(A)
clearly inform a purchaser of the purchaser's right to rescind the agreement
if, during the rescission period mandated by Section
57-19-12, the purchaser expresses
a desire to terminate a contract or agreement entered into by the purchaser;
and
(B) ensure compliance with this
Subsection (iv)(A) by:
(I) all subsidiaries
of the developer;
(II) all persons
affiliated with the developer; and
(III) all persons affiliated with a
subsidiary of the developer.
(b) Prohibited conduct. A developer is
subject to discipline if the developer or an affiliated person:
(i) makes a misrepresentation or material
omission in a document submitted to the division; or
(ii) fails to comply with an order of the
division.
(2)
Salesperson. A salesperson shall comply with:
(a) Section 57-19 et seq.;
(b) these rules; and
(c) this Subsection
(1)(a)(ii)-(iv).
Notes
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