HAR §16-104-11. Application for section 484-10(g), HRS, exemption

(a) All applications for section 484-10(g), HRS, exemption shall contain the following documents and information: (1) A statement of the condition of the title to the subdivided lands including encumbrances as of a specified date within thirty days of the date of application by a title report prepared by a qualified title company, or by other evidence of title acceptable to the director; (2) Copies of the instruments which shall be delivered to a purchaser to evidence the purchaser’s interest in the subdivided lands and of the contracts and other agreements which a purchaser shall be required to agree to or sign; (3) If there is a lien or encumbrance affecting any lot, parcel, unit, or interest, a statement of the consequences for a purchaser of failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality; (4) A statement of the existing provisions for access, sewage, disposal, water, and other public utilities in the subdivision; a statement for the improvements to be installed, the schedule for their completion, and a statement as to the provisions for improvement maintenance; (5) A narrative description of the promotional plan for the disposition of the subdivided lands together with copies of all advertising 104-4 material which have been prepared for public distribution by any means of communication; (6) A statement that the subdivider has not, or if a corporation, its officers, directors, and principals, or if a partnership, the general partners have not been convicted of a crime involving land dispositions or any aspect of land sales business in the United States or foreign country within the past ten years or has not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions; (7) A letter of preliminary or final subdivision approval, or both, from the county or other appropriate jurisdictions; (8) For application for preliminary order of exemption, an executed copy of the escrow agreement between the developer and a bank, savings and loan association, trust company authorized to do business in Hawaii under an escrow arrangement, or a corporation licensed as an escrow depository under chapter 449, HRS, and a copy of a receipt for a written notice of a purchaser’s right to rescind a contract within seven days after signing a contract, without penalty to the purchaser; and (9) The name, address, and phone number of the subdivider’s representative or real estate agent in Hawaii. (b) The application shall be submitted with a payment of the appropriate exemption fee and inspection expenses. [Eff 8/8/87] (Auth: HRS §484-10) (Imp: HRS §§484-10, 484-7)