NAC119.435. Use or potential use of property; future subdividing.

     1. Advertising must not imply a use of a subdivision lot, parcel, unit or interest or other reason for its purchase which is not set forth in the Nevada statement of record.

     2. Advertising which contains statements, photographs or sketches portraying the use to which advertised property may be put by the purchaser must set forth qualified cost estimates for preparing the land for the advertised use if the preparations will not be done by the developer and the cost is not included in the purchase price.

     3. Advertising may describe a parcel as a potential homesite or building site only if:

     (a) The parcel will be usable for the purpose within 2 years without any further improvement or development by the prospective purchaser, and an adequate supply of potable water is available;

     (b) The parcel has been approved for installation of a septic tank, or an adequate sewage disposal system is installed within 2 years;

     (c) Within 2 years, no further draining, filling or subsurface improvement will be necessary to construct a dwelling;

     (d) Within 2 years, the homesite or building site will be accessible by conventional automobile over all-weather roads and an existing right-of-way without additional expense to the purchaser; and

     (e) No other fact or circumstance, economic or otherwise, exists or will exist to prohibit the use of the parcel or interest as a homesite or building site.

     4. Advertising must not state that the property being offered for sale may be subdivided or resubdivided unless it discloses all material facts regarding the cost and the present legality of future subdividing.

     [Dep’t of Commerce, Real Estate Div., § 48, eff. 7-16-80]