Federal and State Land Sales Registration

A significant portion of our practice involves land sales registration issues required of real estate developers to market and sell their property, ranging from representation before federal agencies such as the Department of Housing and Urban Development, the Securities and Exchange Commission and before state regulatory agencies.


Subdivision lot sales as well as homes and condominium units to be constructed in the future are subject to regulation under the Interstate Land Sales Full Disclosure Act ("ILSFDA" or "ILSA").  Carmel & Carmel attorneys are intimately aware of the requirements and exemptions under the ILSFDA.  As such, our attorneys work with developers to ensure their compliance with the ILSFDA by way of registering with HUD, attaining opinion letters, or seeking exemptions under the ILSFDA. 


If a developer is required to register under the ILSFDA, our attorneys will create a Statement of Record, which will include a HUD Property Report, to submit to HUD for proper registration under the ILSFDA. In addition, we are able to counsel our clients on the availability of exemptions to the ILSFDA.  Lastly, our attorneys counsel our clients on creating long-term compliance with the ILSFDA including training of sales staff, and review and compliance advice with respect to advertising materials.  


In addition, Carmel & Carmel has a large state registration practice for developers marketing their various properties in multi-state markets. This involves all facets of land sales registration, commencing with HUD-related issues and ending with the myriad of state regulations affecting the marketing and sale of real property. 


Our longtime involvement with ARDA, the National Land Council and ULI, combined with our writing and speaking activities, contribute toward our reliable reputation with federal and state regulators. Our contacts and exposure with the various state agencies since the inception of their real estate regulatory laws have proven to be an invaluable asset to our clients. As a consequence, our knowledge in dealing with these issues is not just about the substantive provisions of state registration statutes and regulations, but of the unwritten policies, procedures, and inclinations which often heavily influence the outcome of a given issue. The ultimate goal of a successful resolution helps our clients avoid delays of project openings, attendance at real estate shows, and will often expedite or lighten our clients' registration obligations. We employ a workbook approach to the registration needs of our clients, making the process as simple as possible. Drawing upon years of experience and relationships, Carmel & Carmel has and will assist clients with real estate regulatory matters in all fifty states in the United States, as well as foreign developers seeking to market to prospects in the US.  


Carmel & Carmel attorneys can be reached at info@carmel.us or 202-787-1322.