Nev. Admin. Code § 624.6967

Current through December 12, 2024
Section 624.6967 - Practices constituting deceptive advertising

A contractor engages in deceptive advertising if, in the course of his or her business or occupation, the contractor:

1. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services for work concerning a residential pool or spa or the sale of a residential pool or spa.
2. Knowingly makes a false representation as to affiliation, connection, association with or certification by another person or entity.
3. Represents that goods or services for work concerning a residential pool or spa or the sale of a residential pool or spa are of a particular standard, quality or grade, or that such goods are of a particular style or model, if the contractor knows or reasonably should know that the goods or services are of another standard, quality or grade or that the goods are of another style or model.
4. Makes false or misleading statements of fact concerning the price of goods or services for work concerning a residential pool or spa or the sale of a residential pool or spa or the reasons for, existence of, or amounts of reductions in price.
5. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with work concerning a residential pool or spa or the sale of a residential pool or spa.
6. Knowingly makes any false representation in a transaction for work concerning a residential pool or spa or the sale of a residential pool or spa.
7. Makes any untrue statement of a material fact in an advertisement for the repair, restoration, improvement, construction or sale of residential pools or spas.
8. Fails to disclose a material fact in connection with advertising for the repair, restoration, improvement, construction or sale of residential pools or spas.
9. Disparages the goods, services or business of another by false or misleading representation of fact.
10. Advertises goods or services with the intent not to sell them as advertised.
11. Advertises goods or services for the repair, restoration, improvement, construction or sale of residential pools or spas with the intent not to supply reasonably expected public demand, unless the advertisement discloses a limitation of quantity.
12. Advertises that a residential pool or spa can be completed within a certain number of days, unless at least 51 percent of the residential pools or spas the contractor has completed were completed within the advertised number of days.
13. Fails to complete a project for work concerning a residential pool or spa or the sale of a residential pool or spa within the time set forth in an advertisement of the contractor.
14. As a part of an advertising plan or scheme, notifies a person, by any means, that the person has won a prize and that as a condition of receiving the prize the person must enter into a contract for work concerning a residential pool or spa or the sale of a residential pool or spa.
15. Advertises for work concerning residential pools or spas or the sale of residential pools or spas:
(a) Using an illustration of a pool or spa and setting forth a price, if the price does not accurately reflect the completed residential pool or spa as illustrated.
(b) Setting forth an offer for financing of the project, unless the advertisement identifies the person through which the financing will be obtained and the annual percentage rate that will be charged for the financing.
16. Provides a contract for work concerning a residential pool or spa or the sale of a residential pool or spa that contains terms which are less favorable than the terms the contractor advertised.

Nev. Admin. Code § 624.6967

Added to NAC by Contractors' Bd. by R117-01, eff. 4-5-2002; A by R098-12, 12-20-2012

NRS 624.100, 624.945