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

Current through Register Vol. 56, No. 14, July 15, 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.