1319.07 PROHIBITIONS AGAINST UNLAWFUL REPRESENTATIONS.

   (a)    General Unlawful Representations. No developer or agent selling or offering to sell any condominium unit in any condominium development shall do any of the following:

      (1)    Employ any device, scheme or artifice to defraud;

      (2)    Obtain money or property by means of any untrue statement of a material fact or by any omission to state a material fact necessary in order to make the statements made not misleading or by any pictorial representation which is false;

      (3)    Engage in any transaction, practice or course of business which operates or would operate as a fraud or deceit upon a purchaser;

      (4)    Make or cause to be made in any document required by this chapter any statement or representation that is knowingly false or misleading; or

      (5)    Make or cause to be made to any purchaser any oral representation which differs from the statements made in any document required by this chapter.

   (b)    Specific Unlawful Representations. No developer or agent in selling or offering to sell any condominium unit in any condominium development shall do any of the following:

      (1)    Request a tenant and/or purchaser to acknowledge receipt of any notice or public offering statement which he has not received, or falsify the date of receipt.

      (2)    Certify falsely to having provided notices of the public offering statement required by this chapter; or

      (3)    Employ undue pressure to induce a tenant to purchase a unit which intrudes on or prevents his use of his best judgment in deciding whether to purchase, including any of the following:

         A.    Any direct or indirect increase or decrease in the purchase price or benefits offered to tenants during any portion of the period during which the tenants are entitled to a right of first refusal pursuant to Section 1319.06(h).

         B.    Any false statements as to the number of standby or backup sales contracts, reservations, subscriptions or like agreements.

         C.    Any false statement prior to the end of the period during which the tenant may not be evicted without cause pursuant to Section 1319.06 as to a future rent increase; or

         D.    Any false statement relating to future conversions which would reduce rental units available in the City.

            (Ord. 81-33. Passed 3-17-81.)