Any [developer] or constructor shall incur in undesirable practice in the housing construction business who:
(a) Publishes, causes to publish, or divulges in any way, advertisements, statements or informations in which the terms under which lots or dwelling units may be acquired are tergiversated or exaggerated or offers false or deceitful information or estimates regarding the price or other conditions for the purchase of lots or dwelling units.
(b) Requests or accepts deposits or advances in money for the holding of dwelling units in projects whose preliminary developments or preliminary plans have not been previously approved by the Planning Board, except when said advances or deposits be with the purpose of testing the market in order to know the intensity of the demand and same is a nominal sum not exceeding twenty-five dollars ($25).
(c) Alters or modifies the plans of a dwelling or model approved by the Planning Board and/or the Permit Management Office; Provided, That any petition for amendment to the plans or specifications of the project, filed with the Planning Board and/or the Permit Management Office, shall be preceded by a notice served by the [developer] or constructor on the optionees and/or buyers, by return-receipt registered mail, at least twenty (20) days prior to the filing of the amendments requested therein.
(d) Falsely certifies or causes to be certified that a dwelling or group of dwellings, urbanization or multi-family project has been constructed in accordance with the plans approved by the Planning Board or the Permit Management Office, or falsely certifies or causes to be certified the condition of the work carried out in his project in order to obtain financing or partial payments of the loan.
(e) Fails to correct a construction defect in a dwelling as defined by regulation put into effect by the Construction Officer.
(f) Does not include in the contract, where there is transferred, ceded or conveyed, for any permitted reason, an urbanization in construction, a clause in which there is stated who shall assume the obligations with the buyer in case there should be discovered defects in the construction.
(g) Fails to submit to the Construction Officer such contracts and documents wherein the agreements are adopted in connection with the development, construction, financing, promotion and sale of his urbanization or housing project, as may be required under § 504 of this title.
(h) Having failed to submit to the Construction Officer the format of the contract of option, promise and/or purchase-sale, and not having obtained his approval prior to the execution of any of them.
(i) To carry out any act or activity covered by this chapter without having a license granted by the Construction Officer.
History —June 13, 1967, No. 130, p. 406, § 9; June 9, 1976, No. 160, p. 502, § 5, eff. 60 days after June 9, 1976.