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Practice Of Real EstateLicense_lawHARD

A developer registers a new condominium development with the NJREC under the Planned Real Estate Development Full Disclosure Act (PREDFDA). Before the NJREC has approved the registration, the developer's sales agent begins showing units and accepting deposits from prospective buyers. Which agency has primary jurisdiction to take action against the developer for this premature marketing activity?

Correct Answer

A) The New Jersey Real Estate Commission, because PREDFDA registration and marketing approval falls under its authority

Under PREDFDA (N.J.S.A. 45:22A-21 et seq.), developers of planned real estate developments, condominiums, cooperatives, and timeshares must register with the NJREC and obtain approval before conducting any sales or marketing activities. The NJREC has primary jurisdiction to enforce PREDFDA registration requirements and can take action against developers who market or accept deposits before registration is approved. This is a key NJ-specific rule heavily tested on the state exam.

Answer Options
A
The New Jersey Real Estate Commission, because PREDFDA registration and marketing approval falls under its authority
B
The New Jersey Department of Community Affairs, because it oversees all condominium development approvals
C
The New Jersey Attorney General's Office, because only the AG can enforce violations of development registration laws
D
The New Jersey Division on Civil Rights, because premature marketing may constitute consumer fraud

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Related Topics & Key Terms

Key Terms:

predfdanjrec_jurisdictioncondominium_registrationpublic_offering_statementdeveloper_regulation

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