NAC119.440. Reference to facilities away from subdivision.

     1. Advertising must not contain statements, photographs or sketches relating to facilities for recreation, sports or other conveniences which are away from the subdivision and not in existence, unless it is clearly and prominently disclosed in conjunction with the statement, photograph or sketch that the facilities are only proposed and are not in the subdivision, and the distance to them in road miles is given together with the types of roads to be traversed. If the facilities are only proposed, the developer must state a bona fide completion date in the advertising.

     2. Advertising which refers to a public facility must fully disclose the financial arrangements and completion date for the facility.

     3. Advertising must not refer to a public facility which is only proposed or under study unless it fully and clearly discloses that the facility is proposed or under study. If the advertising refers to a proposed location or completion date for a proposed facility, it must also disclose whether a decision to construct the facility has been officially rendered by the responsible governmental authority.

     4. As used in this section, “public facility” means any facility which is available or will be available for use by the general public as well as by purchasers of the subdivision and their successors in interest.

     [Dep’t of Commerce, Real Estate Div., § 49, eff. 7-16-80]