32-2184. Change of subdivision plan after
approval by commissioner; notice
A. It is unlawful for any subdivider, after submitting to the commissioner the plan
under which a subdivision is to be offered for sale or lease, and securing his approval,
to change the plan materially or to continue to offer lots or parcels within the
subdivision for sale or lease after a change has occurred that materially affects the
plan without first notifying the commissioner in writing of the intended
change. Material changes covered by this section shall be prescribed in the rules of the
commissioner. Upon receipt of any notice of a material change, the commissioner may
require the amendment of the public report and, if he determines such action to be
necessary for the protection of purchasers, suspend his approval of sale or lease pending
amendment of the public report in accordance with section 32-2157.
B. If there has been a material change to the plan under which a subdivision is
offered for sale or lease and an amendment to the public report is required, a purchaser
or lessee who has executed a real estate sales contract or lease before the occurrence of
the material change but has not yet completed performance under the real estate sales
contract or has not taken possession under the lease may cancel the real estate sales
contract or lease within ten days after receiving written notice from the subdivider of
the material change if the material change adversely impacts the purchaser or lessee and
was caused by the subdivider or an entity controlled by the subdivider or if the
subdivider had actual knowledge of the material change at the time the real estate sales
contract or lease was executed by the purchaser or lessee. Notwithstanding that the
subdivider was not aware of the material change and did not cause the change to come
about, the purchaser or lessee may cancel the sales contract or lease as provided by this
subsection if the material change would involve an occupant's health, safety or ability
to make designated use of the lot. This subsection does not create any cause of action,
for rescission or otherwise, in favor of a purchaser who has not been impacted adversely
by the material change.
C. A filing fee of one-half of the amount that was charged for the initial public
report pursuant to section 32-2182, but no less than two hundred fifty dollars, shall
accompany an application for an amended public report. If inspection of a subdivision
site is necessary, the department shall assess an inspection fee pursuant to section
32-2182, subsection A.
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