USA Statutes : nevada
Title : Title 52 - TRADE REGULATIONS AND PRACTICES
Chapter : CHAPTER 599A - SOLICITATION TO PURCHASE LAND
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 599A.020
and 599A.040 have the meanings ascribed to them in such
sections.
(Added to NRS by 1971, 1259)
“Customer” means any person
solicited to purchase any land or interest therein, located in this state
or elsewhere.
(Added to NRS by 1971, 1259)
“Solicitation” means any
conduct for the procurement of prospective customers or any offer of
sale, option or reservation of any land or interest therein located in
this state or elsewhere, and includes, but is not limited to, any of the
following methods to carry out such purposes:
1. Advertising.
2. Offering gifts or other free benefits.
3. Promoting group meetings.
4. Using slides or movies.
(Added to NRS by 1971, 1259)
1. Consistent with the provisions of this chapter, the board of
county commissioners of any county and the governing body of an
incorporated city may license and regulate any practice connected with
the solicitation of customers for land sales.
2. In any county or incorporated city in which the board of county
commissioners or governing body has adopted an ordinance requiring the
licensing of any person engaged in solicitation, it is unlawful for any
person to commit any act of solicitation without first obtaining such
license.
(Added to NRS by 1971, 1259)
[Expires by limitation on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.] An application for the issuance of a license
issued pursuant to NRS 599A.050 must
include the social security number of the applicant.
(Added to NRS by 1997, 2103)
[Expires by limitation on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. An applicant for the issuance or renewal of a license issued
pursuant to NRS 599A.050 shall submit
to the board of county commissioners or the governing body of the
incorporated city issuing the license the statement prescribed by the
Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The board of county commissioners or the governing body of the
incorporated city issuing the license shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the board of county commissioners
or governing body of the city.
3. A license may not be issued or renewed by a board of county
commissioners or the governing body of an incorporated city pursuant to
NRS 599A.050 if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the board of county
commissioners or governing body of the incorporated city shall advise the
applicant to contact the district attorney or other public agency
enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2102)
[Expires by limitation on the date of the repeal of the federal
law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If a board of county commissioners or the governing body of an
incorporated city receives a copy of a court order issued pursuant to NRS
425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
license issued by that governmental body pursuant to NRS 599A.050 , the governmental body that issued the
license shall deem the license issued to that person to be suspended at
the end of the 30th day after the date on which the court order was
issued unless the governmental body receives a letter issued to the
holder of the license by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560 .
2. A board of county commissioners or the governing body of an
incorporated city shall reinstate a license issued pursuant to NRS
599A.050 that has been suspended by a
district court pursuant to NRS 425.540
if the governmental body receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
(Added to NRS by 1997, 2102)
1. In the solicitation of any customer, it is an unfair practice
for any person to commit any of the following acts:
(a) To misrepresent any material fact.
(b) To conceal any material fact.
(c) To make any false or deceptive statement.
(d) To fail to disclose any conditions or obligations connected
with any gift or other free benefit offered to such customer.
(e) To contact anyone for the purpose of soliciting such person to
attend a land sales presentation without first disclosing such purpose.
2. Any person committing any such unfair practice is guilty of a
misdemeanor.
3. In addition to the penalty provided in subsection 2, the board
of county commissioners or governing body of an incorporated city may, by
ordinance, prohibit, and provide a penalty for, the commission of any
unfair trade practice.
(Added to NRS by 1971, 1259)
The penalties provided in this
chapter shall be cumulative with respect to any other provision of law.
(Added to NRS by 1971, 1260)
