Idaho Code 55-1815 – Revocation
Current as of: 2023 | Check for updates
|
Other versions
(1) A registration may be revoked by the commission after notice and hearing upon a written finding of fact that the subdivider has:
(a) Failed to maintain the requirements for continued registration;
(b) Failed to comply with the terms of a cease and desist order;
(c) In any court or administrative tribunal, been convicted, found liable or had a registration revoked for a crime, tort or other misconduct involving fraud, deception, false pretenses, misrepresentation, false advertising or dishonest dealing in land dispositions, including the offering or promotion of land disposition;
(d) Disposed of, concealed or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(e) Failed faithfully to perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration or to approve any promotional plan or public offering statement; or
(f) Made intentional misrepresentations or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(2) If the commission finds after notice and hearing that the subdivider has committed a violation for which revocation could be ordered, it may issue a cease and desist order instead.
Terms Used In Idaho Code 55-1815
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commission: means the Idaho real estate commission. See Idaho Code 55-1802
- Disposition: includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken for gain or profit. See Idaho Code 55-1802
- Fraud: Intentional deception resulting in injury to another.
- Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest or any other legal or commercial entity. See Idaho Code 55-1802
- Subdivider: means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner. See Idaho Code 55-1802
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.