Interstate Land Sales Full Disclosure Act: Latest Developments

Ensuring Compliance with ILSA's Registration Requirements in the Absence of Clear Guidelines

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, January 25, 2012
Recorded event now available


This CLE webinar will provide real estate developers' counsel with a review of enforcement developments in the Interstate Land Sales Full Disclosure Act. The panel will discuss how courts are interpreting ILSA and outline best practices to ensure compliance in the new enforcement environment.

Description

Enforcement of the Interstate Land Sales Full Disclosure Act (ILSA) moved from HUD to the new Consumer Financial Protection Bureau (CFPB) in July 2011. Until the CFPB creates regulations or guidelines, there are several open questions and ILSA compliance challenges for developers and their counsel.

Current areas of confusion include the applicability of ILSA to certain developments and exemption from ILSA registration requirements for a number of different development scenarios.

Suits involving ILSA have also exploded. Courts have inconsistently interpreted the Act, and developers are constantly navigating the potential legal landmines within ILSA. Counsel to developers must ensure properties are properly registered under ILSA or are exempt from the Act.

Listen as our authoritative panel of real estate attorneys reviews the current ILSA landscape, the latest case law developments, and approaches for real estate counsel to ensure ILSA compliance under the new enforcement regime.

Outline

  1. History and purpose of ILSA
  2. Recent ILSA developments
    1. Shift of ILSA enforcement from HUD to CFPB
    2. Current litigation trends
    3. Recent case law interpreting ILSA and its exemptions
    4. California perspective
  3. Best practices for counsel
    1. Does ILSA apply to the development project?
    2. Do any ILSA exemptions apply?
  4. Outlook for the future

Benefits

The panel will review these and other key questions:

  • What are some best practices for ensuring ILSA compliance during the transition of ILSA oversight from HUD to the CFPB?
  • How have courts interpreted ILSA's applicability and exemptions in the most recent cases?
  • What factors should developers take into account when negotiating sales contract provisions regarding ILSA's requirements for disclosure of developer obligations and buyer remedies?

Faculty

Brian C. Cheney, Partner
Snell & Wilmer, Salt Lake City

His practice is concentrated in real estate and commercial finance law, focusing on condominium, hotel, condominium hotel, resort, mixed use, and commercial real estate development and acquisitions; interstate land sales registration and compliance; commercial/retail leasing; real and personal property secured financing transactions; and general commercial and corporate transactions.

M. Theresa ("Tess") Tolentino Meehan, Partner
Stoel Rives, Sacramento, Calif.

Her practice includes a full range of complex business litigation, including product liability, unfair business practices, misappropriation of trade secrets, real estate and construction matters. She is also experienced in real estate development litigation involving the Interstate Land Sales Full Disclosure Act, state and federal securities statutes, and the California Subdivision Map Act.

Frank J. Carmel, Managing Shareholder
Carmel & Carmel, Washington, D.C.

A significant portion of his 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 Consumer Financial Protection Bureau (CFPB), the Department of Housing and Urban Development (HUD), the Securities and Exchange Commission (SEC) and before state regulatory agencies.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

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CLE Credit

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Customer Reviews

This program was very informative re recent ILSA developments. Q&A was also very useful.

Esther Roberts

Case Lombardi & Pettit

I liked the identification of key issues being litigated under the Interstate Land Sales Act.

Keith Parrella

McNair Law Firm, P.A.

This program provided a good refresher on this statute, especially after the housing crash and formation of new CFPB now administering ILSA in place of HUD.

Sandra Nunn

Frost Brown Todd LLC

The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.

Amy E. McShane

Phillips Lytle LLP

Very good current, practical and applicable discussion and information provided.

Matthew Moore

Clawson & Staubes, LLC

or call 1-800-926-7926

Real Estate Law Advisory Board

David A. Barksdale

Partner

Alston & Bird

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Jones Day

or call 1-800-926-7926

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