ADRE LAW BOOK 2025

Chapter 10 - Competition and Competitive Practices

44-1522. Unlawful practices; intended interpretation of provisions A. The act, use or employment by any person of any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely on such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice. B. The violation of chapter 9, article 16 or chapter 19, article 1 of this title is declared to be an un lawful practice and subject to enforcement under this article. C. It is the intent of the legislature, in construing subsection A, that the courts may use as a guide interpretations given by the federal trade commission and the federal courts to 15 United States Code sections 45, 52 and 55(a)(1). Chapter 15.1 - Residential Property 44-5101. Wholesale buyers; wholesale sellers; disclosure; unlawful practice; definitions A. Before the parties enter into any binding agreement: 1. A wholesale buyer of residential real property shall disclose in writing to the seller that the buyer is a wholesale buyer. 2. A wholesale seller of residential real property shall disclose in writing to the buyer that the seller is a wholesale seller that holds an equitable interest in the real property and that the wholesale seller may not be able to convey title to the property. B. Notwithstanding any other provisions contained in the contract for sale, if a wholesale buyer vi olates this section, the seller may cancel the contract for sale at any time prior to the close of escrow without penalty and may retain any earnest money paid by the wholesale buyer. C. Notwithstanding any other provisions contained in the contract for sale, if a wholesale seller vi olates this section, the buyer may cancel the contract for sale at any time prior to the close of escrow without penalty and shall be refunded all earnest money paid by the buyer. D. For the purposes of this section: 1. “Residential real property” means real property with fewer than five dwelling units. 2. “Wholesale buyer” means a person or entity that enters into a purchase contract for residential real property as the buyer and assigns that same contract to another person or entity. 3. “Wholesale seller” means a person or entity that enters into a purchase contract for resi dential real property as the seller, that does not hold legal title to that real property and that assigns that same contract to another person or entity.

271