New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS
Subchapter 5 - ADVERTISING
Section 5:26-5.2 - Specific standards
Universal Citation: NJ Admin Code 5:26-5.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Without limiting the general standards of advertising in this chapter, all advertising, except billboards, shall substantially conform to the following specific standards:
1. Advertising that
refers to the purchase price of any lot, parcel, unit or interest shall state
the full purchase price and shall include any additional assessments or cost to
the purchaser;
2. In order to
eliminate fictitious pricing or illusory discounts, no certificates shall be
distributed indicating that a discount from the advertised price shall be
given. This shall not preclude the giving of a discount on the basis of any
reasonable criteria;
3. Advertising
that contains statements regarding taxes shall not use terms such as "low",
"stable" or other descriptive terms, but shall state an accurate estimate of
such tax based on the current tax rate, value and ratio;
4. Advertising shall not refer to any common
element or facility that does not presently exist unless that fact is
prominently stated in the advertising and the proposed date of completion is
contained therein;
5. Any reference
to proposed improvements for which the purchaser will be assessed shall clearly
set forth the fact of the assessment and the amount of the
assessment;
6. Advertising shall
not state that items or services are free when the cost thereof is included in
the assessment;
7. Advertising
shall not contain photographs, sketches or artists conceptions of proposed
common elements or facilities unless the fact that the photographs, sketches or
artist's conceptions are of proposed common elements or facilities is stated
immediately adjacent to them. No sketch or artists' conception may be used in
advertising unless it is clearly stated immediately adjacent to such sketch or
artist's conception that it is in fact a sketch or artist's
conception;
8. Advertising shall
not refer in wording, photograph, sketch, or artist's conception to any
recreational, medical, social, shopping or other facility that is not located
within the planned real estate development or retirement community unless it is
clearly stated that such facilities are not located within the planned real
estate development or retirement community and the approximate distance
therefrom, in miles;
9. Advertising
shall not refer to a price increase unless the amount and date of the increase
are indicated;
10. Advertising in
the form of vacation certificates or other promotions intended to induce
prospective purchasers to visit the planned real estate development or
retirement community that require the holders thereof to attend or submit to a
sales promotion shall clearly and conspicuously state the necessity of
attendance at or submission to the sales promotion and the approximate length
of time required to be spent by the prospective purchaser at such sales
promotion;
11. Any model unit that
is used as a part of a promotional plan shall be in substantial conformity with
the units that are subsequently constructed unless otherwise noted in the
contract of sale. In the event changes are made in construction detail other
than landscaping, or in the appliances, heating, air conditioning, electrical
or plumbing systems, a legible notice shall be conspicuously placed in the
model advising prospective purchasers of the change and explaining the details
thereof;
12. In the event there are
any items in the model that are available only at additional cost to the
purchaser, legible notices informing prospective purchasers that the item is
available only at additional cost should be posted in a prominent place in the
model.
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