R162-57a-11. Disclosure Required  


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  • (1) The disclosures required by Section 57-19-11 and submitted to the division as part of the application for project registration shall be:

    (a)(i) reproduced on good quality white paper 8-1/2 by 11 inches in size;

    (ii) typed in a font no smaller than 10-point type, except that financial statements or other statistical or tabular matter may be set in type as small as 8-point type; and

    (iii) organized into reasonably short paragraphs or sections with appropriate captions or headings to identify each paragraph or section; or

    (b) if acceptable to the director, approved by another state.

    (2)(a) Upon approving the developer's disclosures, the division shall supply to the developer:

    (i) a cover sheet, which the developer shall use as the first page of the property report; and

    (ii) a receipt for property report, which the developer shall use as the last page of property report.

    (b)(i) The developer shall provide a copy of the complete property report, reproduced in a manner that allows all text to remain visible and legible, not obscured by shading or watermarks, to each prospective purchaser prior to obtaining the prospective purchaser's signature on a contract for purchase of an interest.

    (ii) The developer shall, in connection with an offer to sell an interest, provide a notice of the purchaser's right to cancel described in Section 57-19-12, reproduced in a manner that allows all text to remain visible and legible, not obscured by shading or watermarks, to each prospective purchaser:

    (A) at the beginning of a direct sales presentation; or

    (B) if the prospective purchaser does not attend a direct sales presentation, at the same time the developer obtains the prospective purchaser's personal information.