Section R4-28-803. Contract Disclosures

A.      A developer or the developer’s agent shall ensure that any agreement or contract for the sale or lease of a property inter- est in a development that requires a public report contains sub- stantially the following language in bold print or print larger than the other print used in the document above the signature portion of the document:

THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.

B.       A developer or the developer’s agent shall ensure that any agreement or contract for the sale or lease of a property inter- est in a development conspicuously discloses the nature of the document at or near the top of the document.

C.      The contract shall indicate where the earnest money or down payment, if any, will be deposited and shall include the name of the title company, the name of the broker’s trust account, or other depository.

D.      Any agreement or contract for the sale or lease of a property interest in a development where a down payment, earnest money deposit, or other advanced money, if any, is paid directly to the seller and not placed in a neutral escrow deposi- tory, shall conspicuously disclose this fact within the docu- ment, and the purchaser shall sign or initial this provision indicating approval in the space adjacent to or directly below

the disclosure in the purchase contract or agreement of sale. The following disclosure shall be written in large or bold print and shall be included in the public report, purchase contract, and agreement of sale.

Prospective purchasers are advised that earnest money deposits, down payments, and other advanced money will not be placed in a neutral escrow. This money will be paid directly to the seller and may be used by the seller. This means the purchaser assumes a risk of losing the money if the seller is unable or unwilling to perform under the terms of the purchase contract.

Historical Note

Adopted effective May 1, 1980 (Supp. 80-3). Amended

Exhibit effective March 13, 1981 (Supp. 81-2). Former Section R4-28-21 renumbered without change as Section R4-28-803 (Supp. 87-1). Section R4-28-803 amended by final rulemaking at 5 A.A.R. 650, effective February 3,

1999 (Supp. 99-1). Amended by final rulemaking at 6

A.A.R. 1886, effective May 2, 2000 (Supp. 00-2). Amended by final rulemaking at 11 A.A.R. 506, effective

March 5, 2005 (Supp. 05-1).