10250.  A person acting as a principal or agent may not in this
state sell or lease or offer for sale or lease lots or parcels in a
subdivision, as defined in Section 10250.1, which includes structural
dwelling units except as provided in this article.




10250.1.  "Subdivision," as used in this article, includes all of
the following:
   (a) A time-share project as defined in subdivision (a) of Section
11003.5 and subdivision (e) of Section 11004.5, situated outside this
state, including, without limitation, a project situated outside the
United States but only if it consists of, or will consist of, two or
more distinct geographic locations, one of which is located within
the United States.
   (b) A qualified resort vacation club as defined in Section 10260.

   (c) A multisite time-share project as defined in subdivision (f)
of Section 11003.5, which includes accommodations and facilities
located either entirely outside of this state or both within and
outside of this state.



10250.2.  (a) The sale or lease, or the offering for sale or lease,
of lots or parcels in a subdivision is governed by this article and
Chapter 1 (commencing with Section 11000) of Part 2, insofar as
applicable.
   (b) Subject to Sections 10250.8, 11018.8, 11018.9, 11018.10, and
11018.11, the commissioner shall apply Sections 11018 and 11018.5,
after taking into consideration the differences in the applicable
laws of the various states with respect to subdivisions, to afford
substantially the same level of public protection to purchasers of an
interest in a subdivision offering governed by this article as is
afforded to purchasers of subdivision interests situated entirely
within this state.
   The commissioner may adopt regulations as reasonably necessary to
enforce this article.


10250.25.  As used in this article, "sale" or "sell" includes every
issuance, creation for resale, disposition, or attempt to dispose of
any interest in a subdivision for value and includes all of the
following, whether done directly or by circular letter,
advertisement, radio or television broadcast, or otherwise:  an offer
to sell, an attempt to sell, a solicitation of a sale, a contract of
sale, or an exchange.



10250.3.  (a) The commissioner may by regulation prescribe filing
fees in connection with applications to the Department of Real Estate
pursuant to the provisions of this article that are lower than the
maximum fees specified in subdivision (b) if the commissioner
determines that the lower fees are sufficient to offset the costs and
expenses incurred in the administration of this article.  The
commissioner shall hold at least one hearing each calendar year to
determine if lower fees than those specified in subdivision (b)
should be prescribed.
   (b) The filing fee for an application for a permit to be issued
under authority of this article shall not exceed the following for
each subdivision or phase of the subdivision in which interests are
to be offered for sale or lease:
   (1) One thousand seven hundred dollars ($1,700) plus ten dollars
($10) for each subdivision interest to be offered for an original
permit application.
   (2) Six hundred dollars ($600) plus ten dollars ($10) for each
subdivision interest to be offered that was not permitted to be
offered under the permit to be renewed for a renewal permit
application.
   (3) Five hundred dollars ($500) plus ten dollars ($10) for each
subdivision interest to be offered under the amended permit for which
a fee has not previously been paid for an amended permit
application.
   (4) Five hundred dollars ($500) for a conditional permit
application.
   (c) Fees collected by the Department of Real Estate under
authority of this article shall be deposited into the Real Estate
Fund under Chapter 6 (commencing with Section 10450) of Part 1.  Fees
received by the department pursuant to this article shall be deemed
earned upon receipt.  A part of a fee is not refundable unless the
commissioner determines that it was paid as a result of mistake or
inadvertence.
   This section shall remain in effect unless it is superseded
pursuant to Section 10226 or subdivision (a) of Section 10226.5,
whichever is applicable.



10250.4.  The commissioner may issue a conditional permit for a
subdivision.  The conditional permit shall be issued on the same
basis and conditions upon which the commissioner may issue
conditional public reports for subdivisions located within the state.




10250.5.  The provisions of Section 11010.2 shall apply to an
application for issuance of a permit for any subdivision subject to
this article or Article 9 (commencing with Section 10260), except as
to the following:
   (a) A reference to a public report in Section 11010.2 shall be
read as referring to a permit under this article.
   (b) The commissioner shall notify the applicant in writing of the
determination that the notice and application is, or is not,
substantially complete with respect to quantitative requirements
within 15 days of receipt of the notice and application.
   (c) After making the determination that the notice and application
are substantially complete as described in subdivision (b), the
commissioner shall provide the applicant with a list of all
deficiencies and substantive inadequacies necessary for the notice
and application to be qualitatively complete within 75 days of that
determination in the case of subdivisions described in Section
11004.5, and within 30 days of that determination in the case of
other subdivisions.
   (d) The commissioner shall issue a permit within 30 days, in the
case of a subdivision specified in Section 11004.5, or 20 days, in
the case of other subdivisions, after the notice and application are
determined to be qualitatively and substantially complete and
submittal of recorded or filed instruments and evidence of financial
arrangements required by the commissioner.



10250.6.  The term of a final permit issued pursuant to this article
shall be five years.  The commission may require the permit
applicant to submit annual reports containing information regarding
the offering as may be specified by regulation.




10250.7.  A nonresident applicant for a permit pursuant to the
provisions of this article shall, along with the application, file
with the commissioner an irrevocable consent stating that if in an
action commenced against the applicant in this state personal service
of process upon the applicant cannot be made after the exercise of
due diligence, a valid service may thereupon be made upon the
applicant by delivering the process to the Secretary of State.
   Insofar as possible, the provisions of Section 1018 of the Code of
Civil Procedure relating to service of process on the Secretary of
State are applicable to this section.


10250.8.  In determining whether to issue a permit or a public
report for a subdivision as defined in Section 10250.1, the
commissioner may accept information submitted to another state in
order to qualify the subdivision or project for sale within that
state.  The commissioner may use or incorporate information contained
in a disclosure statement issued by another state.



10250.10.  For purposes of this chapter, exchange programs shall not
be considered to be a part of a subdivision offering.  If a
purchaser of a time-share interest in a subdivision subject to this
article is offered the opportunity to become a member of an exchange
program, the provisions of Section 11018.8 shall apply to the sale of
time-share interests.



10250.11.  Incidental benefits shall not be a part of the offering
of interests in a subdivision.  If a purchaser of a time-share
interest in a subdivision subject to this article is offered the
opportunity to acquire an incidental benefit in connection with a
time-share interest, the provisions of Section 11018.9 shall apply.




10250.51.  Whenever the commissioner finds that any person is
violating the provisions of this article, that any person is
conducting business in an unsafe or injurious manner, that the
further sale of subdivision interests under the provisions of this
article would be unfair, unjust, or inequitable, or that the method
used in those sales would be a fraud upon the purchasers, the
commissioner may order the person to desist and refrain from
violating the provisions of this article or from further sales in
accordance with the procedures set forth in Section 10086.




10250.52.  No interest in a subdivision, as defined in Section
10250.1, shall be sold to the public unless either the subdivider or
person offering the interest for sale first obtains a permit from the
commissioner.


10250.52.  No interest in a subdivision, as defined in Section
10250.1, shall be sold to the public unless either the subdivider or
person offering the interest for sale first obtains a permit from the
commissioner.


10250.53.  If the commissioner finds that the proposed offering of
interest in a subdivision, as defined in Section 10250.1, meets the
applicable requirements of this article, the commissioner shall issue
to the applicant a permit authorizing the sale or the offering for
sale of the subdivision interest upon those terms and conditions as
the commissioner may provide in the permit.  Otherwise, the
commissioner shall deny the application and refuse the permit, and
notify the applicant in writing of his or her decision.



10250.53.  If the commissioner finds that the proposed offering of
interest in a subdivision, as defined in Section 10250.1, meets the
applicable requirements of this article, the commissioner shall issue
to the applicant a permit authorizing the sale or the offering for
sale of the subdivision interest upon those terms and conditions as
the commissioner may provide in the permit.  Otherwise, the
commissioner shall deny the application and refuse the permit, and
notify the applicant in writing of his or her decision.



10250.54.  Any applicant objecting to the denial of a permit or the
conditions of a permit may apply for a hearing and shall be granted a
hearing by the commissioner upon the legality or reasonableness of
the denial or the conditions.


10250.54.  Any applicant objecting to the denial of a permit or the
conditions of a permit may apply for a hearing and shall be granted a
hearing by the commissioner upon the legality or reasonableness of
the denial or the conditions.


10250.56.  Any person who does any of the following acts is guilty
of a public offense punishable by a fine not exceeding ten thousand
dollars ($10,000) or by imprisonment in the state prison, or in a
county jail, not exceeding one year, or by both fine and
imprisonment:
   (a) In any application to the commissioner or in any proceeding
before the commissioner, or in any examination, audit, or
investigation made by the commissioner or on his or her authority,
knowingly makes any false statement or representation, or, with
knowledge of its falsity, files or causes to be filed in the office
of the commissioner any false statement or representation in a
required report.
   (b) Issues, circulates, or publishes, or causes to be issued,
circulated, or published any advertisement, pamphlet, or circular
concerning any subdivision that contains any statement that is false
or misleading, or otherwise likely to deceive a reader thereof, with
knowledge that it contains a false, misleading, or deceptive
statement.
   (c) In any respect willfully violates or fails to comply with any
provision of this article, or willfully violates or fails, omits, or
neglects to obey, observe, or comply with any order, decision,
demand, requirement, or permit, or any part or provisions thereof, of
the commissioner under this article.
   (d) With one or more other persons, conspires to violate any
permit or order issued by the commissioner of any provision of this
article.



10250.58.  Every person sustaining an injury resulting from a
transaction subject to this article that was in violation of the
provisions of the article may recover in a civil action the amount of
the damages with interest, as awarded by the court, from the date of
the injury, and shall be entitled to be awarded reasonable attorney'
s fees.  The action shall be brought within three years from the date
of the transaction notwithstanding the date the injury was
discovered.