New Hampshire Revised Statutes 356-B:62 – Revocation of Registration
Current as of: 2023 | Check for updates
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I. A registration may be revoked after notice and hearing upon a written finding of fact that the declarant has:
(a) Failed to comply with the terms of a cease and desist order;
(b) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(c) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat or for the purpose of defeating the rights of unit purchasers;
(d) Failed to perform any stipulation or agreement made with the attorney general as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; or
(e) 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.
II. If the attorney general finds after notice and hearing that the developer has been guilty of a violation for which revocation could be ordered, he may issue a cease and desist order instead.
III. If the attorney general makes a determination that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order subject to the requirements of N.H. Rev. Stat. § 356-B:61, II.
(a) Failed to comply with the terms of a cease and desist order;
Terms Used In New Hampshire Revised Statutes 356-B:62
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fraud: Intentional deception resulting in injury to another.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
(b) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(c) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat or for the purpose of defeating the rights of unit purchasers;
(d) Failed to perform any stipulation or agreement made with the attorney general as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; or
(e) 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.
II. If the attorney general finds after notice and hearing that the developer has been guilty of a violation for which revocation could be ordered, he may issue a cease and desist order instead.
III. If the attorney general makes a determination that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order subject to the requirements of N.H. Rev. Stat. § 356-B:61, II.