A. Brochures, disclosure statements, publications and advertising of any form relating to subdivided land shall:
(1) not misrepresent or contain false or misleading statements of fact;
(2) not describe deeds, title insurance or other items included in a transaction as "free" and shall not state that any parcel is "free" or given as an "award" or "prize" if any consideration is required for any reason;
(3) not describe parcels available for "closing costs only" or similar terms unless all such costs are accurately and completely itemized or when additional parcels must be purchased at a higher price;
(4) not include an asterisk or other reference symbol as a means of contradicting or substantially changing any statement;
(5) if subdivision illustrations are used, accurately portray the subdivision in its present state, and if illustrations are used portraying points of interest outside the subdivision, state the actual road miles from the subdivision;
(6) not contain artists' conceptions of the subdivision or any facilities within it unless clearly described as such and shall not contain maps unless accurately drawn to scale with the scale indicated;
(7) not contain references to any facilities, points of interest or municipalities located outside the subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles; and
(8) refer to where the subdivider's disclosure statement may be obtained.
B. Copies of all brochures, publications and advertising relating to subdivided land shall be filed with the board of county commissioners of the county in which the subdivision is located and with the attorney general within fifteen days after initial use by the subdivider.
History: 1953 Comp., § 70-5-18, enacted by Laws 1973, ch. 348, § 18; 1995, ch. 212, § 19.
The 1995 amendment, effective July 1, 1996, deleted "if a disclosure statement is required for the subdivision" at the end of Paragraph A(8).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Brokers § 20.
Validity, construction and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.
Broker's liability for fraud or misrepresentation concerning development or nondevelopment of nearby property, 71 A.L.R.4th 511.
35 C.J.S. False Pretenses § 30.
Structure 2021 New Mexico Statutes
Article 6 - County Subdivisions
Section 47-6-3 - Final plat; description.
Section 47-6-4 - Final plat acknowledgment; affidavit.
Section 47-6-5 - Dedication for public use; maintenance.
Section 47-6-6 - Filing with county clerk; duties of county clerk.
Section 47-6-7 - Vacation of plats; approval; duties of county clerk; effect.
Section 47-6-8 - Requirements prior to sale, lease or other conveyance.
Section 47-6-9 - Subdivision regulation; county authority.
Section 47-6-9.1 - Merger of contiguous parcels; prohibition.
Section 47-6-10 - County subdivision regulations; hearings; appeal.
Section 47-6-11 - Preliminary plat approval; summary review.
Section 47-6-11.1 - Expiration of preliminary plat.
Section 47-6-11.2 - Water permit required for final plat approval.
Section 47-6-11.3 - Approval of final plats.
Section 47-6-14 - Public hearings on preliminary plats.
Section 47-6-16 - Succeeding subdivisions.
Section 47-6-18 - Advertising standards.
Section 47-6-19 - Road development.
Section 47-6-20 - Public agencies required to provide counties with information.
Section 47-6-21 - Information reports.
Section 47-6-22 - Time limit on administrative action.
Section 47-6-23 - Right of inspection; rescission.
Section 47-6-24 - Schedule of compliance.
Section 47-6-25 - Suspension of right of sale.
Section 47-6-25.1 - Attorney general; district attorneys; investigation.
Section 47-6-26 - Injunctive relief; mandamus.
Section 47-6-27 - Criminal penalties.
Section 47-6-27.1 - Private remedies.
Section 47-6-27.2 - Approval necessary for utility connection.