Statements or Representations Which Are Prohibited

  1. Law
  2. Georgia Code
  3. Property
  4. Regulation of Specialized Land Transactions
  5. Time-Share Projects and Programs
  6. Advertising
  7. Statements or Representations Which Are Prohibited

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No advertising for the sale or offer for sale of time-share intervals shall:

  1. Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program or rental program has been made a part of the offering;
  2. Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed;
  3. Contain statements concerning the availability of time-share intervals at a particular minimum price if the number of time-share intervals available at that price comprises less than 10 percent of the unsold inventory of the developer, unless the number of time-share intervals then for sale at the minimum price is set forth in the advertisement;
  4. Contain any statement that the time-share interval being offered for sale can be further divided unless a full disclosure is included as the legal requirements for further division of the time-share interval;
  5. Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement in such a manner as to mislead the public;
  6. Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities which comprise the time-share project;
  7. Misrepresent the nature or extent of any services incident to the time-share project;
  8. Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists;
  9. Make any misleading or deceptive representation with respect to the registration of the time-share project, the sales agreement, the purchaser's rights, privileges, benefits, or obligations under the sales agreement or this article;
  10. Misrepresent the conditions under which a purchaser or owner may participate in an exchange program;
  11. Purport to have resulted through a referral unless the name of the person making the referral can be produced upon demand of any prospective purchaser or the time-share program's association;
  12. Describe any proposed or uncompleted private facilities over which the developer has no control or documented right of use unless the estimated date of completion is set forth and evidence can be produced upon the demand of any prospective purchaser or the time-share program's association that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement or that no assurances of completion are provided;
  13. Contain any statement that the developer plans to affiliate with an exchange program;
  14. Represent that any federal, state, county, or municipal agency, board, or commission has recommended the time-share project or any of its documents; or
  15. Contain any statement guaranteeing or offering to guarantee the sale or resale of any time-share interval.

(Code 1981, §44-3-187, enacted by Ga. L. 1983, p. 1255, § 1; Ga. L. 1987, p. 1386, § 4; Code 1981, §44-3-186, as redesignated by Ga. L. 1995, p. 1260, § 1.)

Editor's notes.

- This Code section formerly pertained to the filing of advertising materials with the commission in connection with the sale of time-share intervals. The former Code section was based on Ga. L. 1983, p. 1255, § 1.


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