Under what circumstances can raw land be advertised as “buildable” or “developable”?

It is illegal to advertise raw land as “buildable” or “developable” unless the property is “readily accessible” to a sewer system (sewer line within 200 feet of the property line)  unless the seller obtains from the RI Department of Environmental Management a “valid certification of the property’s suitability for development as part of a subdivision or a valid approval for the installation of an individual sewage disposal system(s) on the property. ”

A seller who has not complied with the above or his listing agent can market the property as “raw land” as long as he advises prospective buyers that the property has not been certified by DEM.  The seller is also required to have the buyer acknowledge in writing before the seller accepts an offer or purchase and sales agreement that the property has not been certified by DEM as being “suitable for the on-site disposal of sanitary sewage or other liquid waste.”

See RIGL 23-19.5-1 and the RIAR Land Purchase and Sales Agreement.

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