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House approves subdivision deed-notice changes after heated debate over timing of buyer notification
Summary
The House passed second substitute H.B. 116, a bill requiring revisions to subdivision law and containing disputed language about placing notice on deeds; supporters said it protects buyers, opponents argued deed notice is too late and advocated earlier disclosure. The bill passed 72–0 and was sent to the Senate.
Second substitute House Bill 116, a package of subdivision-of-land amendments, cleared the Utah House on Feb. 20 after extended floor debate over whether notice about local building or development ordinances should appear on deeds.
The bill’s sponsor argued the measure is consumer-protective and urged placement of language so buyers would learn earlier about restrictions affecting buildability. “I would submit if this situation ever happens, that the time for a buyer to find out about it is not when he goes to the county to receive permission to build,” Representative Murray said in summation.
Opponents, including Representatives Hatch, Ederer and Gordon Snow, pressed that stamping a deed after closing is often too late to inform purchasers and could create confusion for buyers who receive deeds weeks after a sale. Some members urged finding earlier points in the transaction — for example, the real estate purchase agreement or title-exclusion reports — to provide notice.
Lawmakers debated substitute amendments to soften or replace the proposed deed language; Representative Adair and others moved and won changes that replaced phrasing such as “guilty of a violation” with neutral terms and adjusted the precise wording of notices. After votes on multiple amendments and substitute motions, the House adopted the amended bill.
Second substitute H.B. 116 received 72 yes votes and 0 no votes on final passage and was referred to the Utah Senate for further action.
What happens next: The bill goes to the Senate, where committee consideration and possible amendments could alter the notice mechanism or where the legislature places the consumer disclosure requirement.
