Nev. Admin. Code § 119B.460

Current through June 11, 2024
Section 119B.460 - Determination of whether person engaged in prohibited activity

In determining whether a person has engaged in false or misleading advertising or unfair methods of competition or deceptive or unfair practices, the administrator shall consider whether the person has, in connection with the act complained of:

1. Demonstrated an acceptable level of professional conduct to protect the public against fraud, misrepresentation or unethical practices in the promotion and sale of a membership.
2. Made a reasonable effort to ascertain all the pertinent facts concerning the campground with which he is dealing.
3. Made a representation that is outside of his field of experience or competence without the assistance of a qualified authority, unless the fact of the lack of experience or competence is fully disclosed to the parties to the transaction.
4. Adequately documented any required disclosure of his interest in the campground with which he is dealing.
5. Kept himself informed of the current laws governing the promotion and sale of a membership and related fields in which he attempts to provide guidance.
6. Breached his obligation of fidelity to his principal's interest or his obligation to deal fairly with all parties to a transaction.
7. Obtained any change in the terms of the contract for sale and related documents in writing and determined that each change was signed or initialed by the parties concerned.
8. Understood and properly applied relevant federal and state law relating to the protection of potential purchasers.
9. Made a reasonable effort to ascertain and disclose all material facts of common or expressed concern to the parties to the transaction.
10. Violated any of the provisions of this chapter or chapter 119B of NRS.

Nev. Admin. Code § 119B.460

Added to NAC by Real Estate Div., eff. 2-18-87