13.4 Interstate Land Sales Full Disclosure Act (15 U.S.C. § 1709)

• Library: Federal Civil Jury Instructions for the Fifth Circuit
• Edition: 2020

13.4 Interstate Land Sales Full Disclosure Act

(15 U.S.C. § 1709)

Plaintiff [name] claims that Defendant [name]

violated the Interstate Land Sales Full Disclosure Act.

Under that law, a real estate developer is prohibited

from using the [internet] [mail] [specify other means of

communication used] in interstate commerce for the

[sale/lease] of lots in a subdivision unless the developer

has furnished the purchaser with a document called a

property report before any contract for [sale/lease] is

signed.

The property report must inform a buyer about all

material facts so that the buyer may make an informed

decision whether to enter into an agreement with the

seller. The property report must specify [describe the

type of information required to be included in a prop-

erty report under § 1707 that is relevant to the claims].

Plaintiff [name] claims that Defendant [name]

[made an untrue statement of a material fact/omitted a

material fact that was required to be stated] in the

property report. Plaintiff [name] claims that Defendant

[name] [describe the statement or omission alleged].

To prevail on [his/her] claim, Plaintiff [name] must

prove the following three elements by a preponderance

of the evidence:

1. that the property report [contained an untrue

statement/omitted a fact required to be stated];

2. that the [untrue statement/omitted fact] was

material; and

3. that Plaintiff [name] suffered damages.

If the property report contained a [misstatement/

omission], Plaintiff [name] does not need to prove that

13.4 PATTERN JURY INSTRUCTIONS

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