Section R4-28-504. Development Advertising

A.      If a developer obtains a conditional sales exemption, under R4-28-B1202, or registers a notice of intent with the Depart- ment to accept lot reservations under A.R.S. § 32-2181.03, the developer shall disclose on all advertising that only reserva- tions or conditional sales contracts will be taken until the pub- lic report has been issued.

B.       Only a developer or the developer’s authorized representative shall file advertising for a development under A.R.S. §§ 32- 2183.01(A), 32-2194.05(A), 32-2195.05(A), 32-2197.17(A) or 32-2198.01(A)(6) with the Department.

C.      A developer shall ensure that advertisement of property in a development includes the name of the development as regis- tered with the Department. The Commissioner may waive application of this subsection if the Commissioner determines that the public interest is not affected.

D.      A developer shall not advertise a monthly payment, total price, or interest rate that is not available to all prospective purchas- ers or is restricted, unless the lack of availability or the restric- tion is conspicuously disclosed to all prospective purchasers within the advertisement.

E.       A developer shall not advertise proposed or incomplete improvements unless the following requirements are met:

1.        The estimated date of completion is specified or, if there is no estimated date of completion, the developer includes a prominent disclosure in the advertisement that the improvement is proposed only and no warranty is given or implied that the improvement will be completed; and

2.        If a completion date is specified, the developer has sub- mitted to the Department evidence to satisfactorily demonstrate to the Department that the completion and operation of the facilities are assured and that completion will be within the time represented in the advertisement or promotional material.

F.       The developer shall not reference a proposed public facility or project that purports to effect the value or utility of an interest in a development without disclosing in writing the existing sta- tus of the proposed facility. The developer shall base the dis- closure upon information supplied or verified by the authority responsible for the public facility or project and shall forward the information to the Department.

G.      Pictorial or illustrative depictions, other than unmodified pho- tographs of the property being offered, shall bear a prominent disclosure identifying the nature of the depiction, such as an artist’s conception, and shall identify those improvements that are proposed and not in existence.

H.      When a pictorial representation is used in an advertisement for a specific development and is not an actual or accurate repre- sentation of the property, a statement within the advertisement shall prominently disclose the distance of the pictorial repre- sentation from the advertised property.

I.        If a map or diagram is used to show the location of the devel- opment in relation to other facilities, actual road miles from each facility to the development shall be shown on the map or diagram.

J.        A developer shall not expressly state or imply that a facility is available for the exclusive use of purchasers of lots or interests if a public right of access or public use of the facility exists.

K.      A developer shall not refer to availability for use of private clubs or facilities in which the owner will not acquire a propri- etary interest through purchase of an interest in the develop- ment unless a disclosure is made in the advertisement. The disclosure shall affirmatively state the existence of the facili- ties and that availability for use by owners of an interest in the development is at the pleasure of the owners of the facility.

L.       When a standing body of water is described as a feature of a development, all advertising shall indicate the average surface area of the body of water. If a standing body of water or a flowing waterway described as a feature of a development is not permanent, or fluctuates substantially in size or volume, the developer shall disclose this fact in all advertisements describing the feature.

M.     At the time an incentive is offered to visit any place where a sales presentation for a development is to be made and before the recipient of the incentive makes the trip, the developer shall disclose in writing all conditions, limitations, or recipient qualifications that will be applied.

N.      A developer shall not include in advertising testimonials or endorsements that contain statements that a salesperson or bro- ker would be precluded by law from making on the salesper- son’s or broker’s behalf.

Historical Note

Editorial correction new language subsection (D)(2) (Supp. 75-1). Former Section R4-28-16 repealed, new Section R4-28-16 adopted effective May 1, 1980 (Supp. 80-3). Amended by adding subsection (T) effective March 13, 1981 (Supp. 81-2). Amended subsection (F)

effective June 9, 1982 (Supp. 82-3). Amended effective

August 1, 1986 (Supp. 86-4). Former Section R4-28-16 renumbered without change as Section R4-28-504 (Supp. 87-1). Section R4-28-504 amended by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1). Amended by final rulemaking at 11 A.A.R. 506, effective March 5, 2005 (Supp. 05-1).