The modern real estate developer is encountering exposure like never before.
We live in a generation where the internet is used to purchase all types of commodities, including homes; and what’s more - sometimes purchasing homes “sight unseen.” Developers and their marketing and sales teams have brilliantly leveraged the internet to reach expansive domestic and international markets. This, of course, is an efficient and economical marketing method; however, it imposes greater compliance obligations.
Our clients know that as advisor, advocate and ally, working for their success is more than a job. It’s what we do.
The laws protect consumers
The federal government and many States have enacted consumer protection laws requiring developers to deliver lengthy disclosures to purchasers who are offered property through interstate activities. In light of these laws, one benefit of age-old marketing methods is that there is little to no ambiguity in how and from whom a consumer receives a communication. When mailing materials to a specific zip code, dialing a specific telephone number, or publishing an ad in a local magazine available only in a specific geographical area, developers have a lot more control over who their recipients are. Many of these methods are supplemented with, if not entirely replaced by, marketing via electronic means. With anyone anywhere in the world at any time being able to access a project’s website, algorithms directing ads to targeted consumers, email blasts, and electronic correspondence, much of the control afforded by older, deliberate marketing methods has been lost and salespeople representing developers may now find themselves unwittingly violating one or more of the aforementioned state and federal laws.
We protect you
Most recently, federal and state agencies are minimizing the scope of interpretation of their laws, leaving little room for flexibility. Similarly, there is intensifying scrutiny from remorseful buyers who may seek to void purchase agreements. When values of real estate rise, a developer or a financial partner can too easily dive into a broad marketing program without fully understanding the potential risks. Awareness of and compliance with the litany of laws governing the interstate offer and sale of real estate is as important now as it was 30 years ago, if not more. The savvy developer can protect its investments by integrating strong compliance measures into its marketing and sales programs.
That’s where we come in.
At Carmel & Reyes we deal exclusively with the myriad of state and federal laws regulating the marketing and sale of subdivided land, condominiums, and timeshare and other fractional interest programs - this is all we do. Carmel & Reyes is the clear choice if you value experience and expertise.
We work with developers of condominiums, planned communities, mixed use projects, and resort developments throughout the United States and Mexico, South America, the Caribbean, Canada and Europe to tailor efficient and economical marketing and compliance strategies that maximize their ability to market and sell their properties in multi-state markets.
To this end, we work with developers and their marketing teams to:
Analyze the availability of exemptions from or the need to register under the Interstate Land Sales Full Disclosure Act
Prepare disclosure documents and make the requisite registrations or exemption requests with the Consumer Financial Protection Bureau and/or State regulatory agencies
Provide training to marketing and sales teams
Provide education on compliance requirements in various markets (i.e., States) to facilitate the direction of marketing efforts and comprise a list of markets to register or seek exemption in
Analyze the availability of exemptions or need to register in target markets
Analyze and devise solutions for fact specific scenarios
Review advertising and marketing materials and provide appropriate disclaimers to comply with State and federal law
Advise on dealing with prospects from “closed” jurisdictions prior to qualification in such jurisdiction
When registration is required, we implement a tried-and-true method to gather information, prepare disclosure documents and file submissions in a timely manner. Knowing that the registration process can be overwhelming, we provide questionnaires and checklists to assist members of the development team in gathering the requisite information and documentation in a manageable fashion. Deferring to our client’s preferred communication method, we work cooperatively throughout our drafting of the disclosure documents and preparation of submittals to maintain accuracy in disclosures and achieve a streamlined, cost-effective process.
Our experience has allowed us to forge relationships with federal and State regulators, become familiar with their procedures, and understand their concerns. This enables us to file submissions with confidence, anticipating and mitigating any potential issues, and avoiding delays.