LANDEX, INC., a Foreign Corporation, Incorporated Under the Laws of the State of Arizona, FRANK E. GLINDMEIER, et al., Appellants, v. THE STATE OF NEVADA, ex rel. ROBERT LIST, Attorney General, and NEVADA REAL ESTATE DIVISION, DEPARTMENT OF COMMERCE, ex rel. R. E. HANSEN, Real Estate Administrator, Respondents, 94 Nev. 469

Summary

A real estate corporation, through its president, appealed a decision that it procured sales of land through false and misleading advertising. The lower court imposed civil penalties and injunctive relief on the corporation for violations of Nev. Rev. Stat. 207.170, and ordered the corporation to make restitution to those persons who purchased certain land. On appeal, the court found that the decision in a similar case involving the corporation in another county did not act as res judicata or collateral estoppel to bar the current case. The court also found that civil penalties and injunctive relief were appropriate remedies in this case. The evidence showed that the corporation made statements about the property it was selling that it knew or should have known were untrue and misleading. It was not necessary to prove actual fraud. However, the court found that restitution was an inappropriate remedy. The court found no evidence as to which of the buyers of the corporation's property ...