N.J. Admin. Code § 5:26-5.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:26-5.2 - Specific standards

(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.

N.J. Admin. Code § 5:26-5.2

Amended by R.1983 d.446, eff. 10/17/1983.
See: 15 New Jersey Register 1055(a), 15 New Jersey Register 1758(b).
In (a), deleted and reserved 1, 10, 12, and 13.
Amended by R.1996 d.94, effective 2/20/1996.
See: 27 New Jersey Register 4478(a), 28 New Jersey Register 1226(a).