ADRE LAW BOOK 2025

3. Any statement or representation or pictorial representation of proposed improvements or nonexistent scenes without clearly indicating the improvements are proposed and the scenes do not exist. 4. Any statement or representation that the lot or parcels are suitable as homesites or build ing lots unless either of the following is true: (a) Potable water is available from a certificated public utility or a municipal cor poration and either an individual sewage disposal system will operate or a sewer system is available from a certified public utility or a municipal corporation. (b) Facts to the contrary are clearly and conspicuously included in each advertise ment pertaining to the property. C. All advertising and sales literature shall be consistent with the information contained in the no tice of intention pursuant to section 32-2195 and the public report pursuant to section 32-2195.03. D. If it appears to the commissioner that any person is or has engaged in advertising or promotion al practices in violation of this article, the commissioner may hold a hearing as a contested case under title 41, chapter 6, article 10 and issue such order or orders as he deems necessary to protect the public interest, or the commission may bring an action in any court of competent jurisdiction against such person to enjoin such person from continuing such violation. E. The commissioner may adopt such rules and guidelines as he deems necessary to protect the public interest and to assure that all advertising and promotional practices with respect to land subject to the provisions of this article are not false or misleading. F. It is unlawful for any owner, agent or employee of any development or other person with intent directly or indirectly to sell or lease lots or parcels subject to the provisions of this article to autho rize, use, direct or aid in any advertising, communication, sales literature or promotional practice which violates this section. G. Nothing contained in this section shall apply to the owner or publisher of a newspaper, maga zine or other publication of printed matter wherein such advertisement appears or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser. 32-2195.06. Civil liabilities A. When any part of the notice of intention filed pursuant to section 32-2195 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the owner or agent shall be liable as provided in this section to any person who acquires land covered by such notice of intention during such period the notice of intention remained uncorrected unless it is proved that at the time of such acquisition the person acquiring the land knew of such untruth or omission. B. Any owner or agent who sells or leases unsubdivided lands subject to this article in violation of section 32-2195.03 or by means of a public report which contains an untrue statement of a material fact or omits a material fact required to be stated in such report shall be liable to the purchaser of such land as provided in this section. C. It is unlawful for an owner or agent in selling or leasing, or offering to sell or lease, any unsub divided lands subject to this article to: 1. Employ any device, scheme, or artifice to defraud. 2. Obtain money or property by means of a material misrepresentation with respect to any information included in the notice of intention or the public report or with respect to any

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