Required disclosures.

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  • (1) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide each prospective purchaser a written disclosure, related to the real property in which the undivided fractionalized long-term estate is offered, that:
    • (a) if applicable:
      • (i) includes a copy of any master lease agreement; and
      • (ii) states whether the sponsor is the master lease tenant or an affiliate of the master lease tenant;
    • (b) includes any material information that relates to a current lease or sublease that affects the real property in which the undivided fractionalized long-term estate is offered;
    • (c) includes a copy of:
      • (i) a tenants in common agreement; or
      • (ii) an agreement that forms the substance of the undivided fractionalized long-term estate and includes a definition of the undivided fractionalized interest;
    • (d) describes any improvements to the real property in which the undivided fractionalized long-term estate is offered;
    • (e) includes a copy of any management agreement;
    • (f) describes the relationship, if any, between each property manager and the sponsor; and
    • (g) includes any additional information that an ordinarily prudent purchaser would consider material to deciding whether to purchase the undivided fractionalized long-term estate, as determined by the commission, with concurrence by the division, by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  • (2) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide the written disclosure described in Subsection (1) to the prospective purchaser before the prospective purchaser purchases the undivided fractionalized long-term estate.




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