(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person engages in one or more of the following activities in connection with the advertisement or sale of a time share or the provision of a time share resale service:
(a) Misrepresents:
The investment, resale, or rental value of any time share;
The conditions under which a purchaser may exchange the right to use accommodations or facilities in one location for the right to use accommodations or facilities in another location; or
The period of time during which the accommodations or facilities contracted forwill be available to the purchaser;
Fails to allow any purchaser a right to rescind the sale of a time share or a time shareresale service within five calendar days after the sale;
(I) Fails to provide conspicuous notice on the contract of the right of a purchaser of atime share or time share resale service to rescind the sale in writing either by electronic means, mail, or hand delivery.
(II) For purposes of this section, notice of rescission is given: (A) If by mail, when postmarked;
If by electronic mail or other electronic means, when sent; or
If by hand delivery, when delivered to the seller's place of business.
Fails to refund any down payment or deposit made pursuant to a time share contractor contract for time share resale service within seven days after the seller or time share resale entity receives the purchaser's written notice of rescission; except that, if the purchaser's check has not cleared at the time notice of rescission is received, the person has seven additional days after receipt of funds from the purchaser's cleared check to refund the down payment or deposit;
With respect to the sale or solicitation of any time share resale service, makes false ormisleading statements, including statements concerning:
The existence of offers to buy or rent the resale time share;
The likelihood of, or the time necessary to complete, any sale, rental, transfer, orinvalidation;
The value of the resale time share;
The current or future costs of owning the resale time share, including assessments,maintenance fees, or taxes;
How amounts paid by the purchaser of the time share resale service will be utilized;
The method or source from which the name, address, telephone number, or othercontact information of the owner of the resale time share was obtained;
The identity of the time share resale entity or that entity's affiliates; or
The terms and conditions upon which the time share resale service is offered;
Engages in any time share resale service without first obtaining a written contract toprovide the service, which contract is signed by the purchaser of the time share resale service and complies with the requirements of this section. For purposes of paragraph (c) of this subsection (1), the required notice of rescission rights applicable to a contract for a time share resale service is conspicuous if printed in at least fourteen-point, bold-faced type immediately preceding the space in the contract provided for the purchaser's signature. In addition to any other remedy provided in this article, a time share resale service contract that does not satisfy the requirements of this section is voidable at the option of the purchaser for up to one year after the date the purchaser executes the contract.
With respect to time share resale transfer agreements, fails to comply with any provision of, or otherwise makes false or misleading statements in connection with, any disclosure or other act required to be made or observed under section 6-1-703.5.
The unlawful practices listed in this section are in addition to, and do not limit, thetypes of deceptive trade practices actionable under section 6-1-105.
No person shall knowingly circumvent the requirements of this section or section 61-703.5.
(a) A person who, as director, officer, or agent of a time share resale entity or as agent of a person who violates this article, assists or aids, directly or indirectly, in a violation of this article is responsible equally with the person for which the person acts.
(b) In the prosecution of a person as officer, director, or agent, it is sufficient to allege and prove the unlawful intent of the person or entity for which the person acts.
Source: L. 99: Entire part added with relocations, p. 642, § 2, effective May 18. L. 2013: Entire section amended, (SB 13-182), ch. 166, p. 541, § 2, effective August 7.
Editor's note: This section is similar to former § 6-1-105 (1)(s), as it existed prior to 1999.