(a) No advertisements, materials, or representations used in the offer or sale of timeshare interests may:(1) Contain any representation as to the guaranteed resale or rental of a timeshare interest through a resale program or rental program offered by or on behalf of the developer or its affiliate;(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 any statement that the timeshare interest being offered for sale can be further divided, unless a full disclosure is included as the legal requirements for further division of the timeshare interest;(4) 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;(5) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or amenities which comprise the timeshare plan;(6) Misrepresent or imply that an amenity or service is available for the exclusive use of a purchaser if a public right of access or use of the amenity or service exists;(7) Make any misleading or deceptive representation with respect to the timeshare disclosure statement, exchange disclosure statement, the purchase contract, the purchaser’s rights, privileges, benefits, or obligations under the purchase contract or this chapter;(8) Misrepresent the conditions under which a purchaser or purchasers may participate in an exchange program;(9) 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;(10) Describe any proposed or uncompleted private amenities 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 timeshare association that the completion and operation of the amenities are reasonably assured within the time represented in the advertisement or that no assurances of completion are provided;(11) Represent that any federal, state, territory, county, or municipal agency, board, or commission has recommended the timeshare plan or any of its documents; or(12) Contain any statement guaranteeing or offering to guarantee the sale or resale of any timeshare interest.
(1) Contain any representation as to the guaranteed resale or rental of a timeshare interest through a resale program or rental program offered by or on behalf of the developer or its affiliate;
(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 any statement that the timeshare interest being offered for sale can be further divided, unless a full disclosure is included as the legal requirements for further division of the timeshare interest;
(4) 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;
(5) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or amenities which comprise the timeshare plan;
(6) Misrepresent or imply that an amenity or service is available for the exclusive use of a purchaser if a public right of access or use of the amenity or service exists;
(7) Make any misleading or deceptive representation with respect to the timeshare disclosure statement, exchange disclosure statement, the purchase contract, the purchaser’s rights, privileges, benefits, or obligations under the purchase contract or this chapter;
(8) Misrepresent the conditions under which a purchaser or purchasers may participate in an exchange program;
(9) 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;
(10) Describe any proposed or uncompleted private amenities 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 timeshare association that the completion and operation of the amenities are reasonably assured within the time represented in the advertisement or that no assurances of completion are provided;
(11) Represent that any federal, state, territory, county, or municipal agency, board, or commission has recommended the timeshare plan or any of its documents; or
(12) Contain any statement guaranteeing or offering to guarantee the sale or resale of any timeshare interest.
(b) Advertisements, materials, or representations used in the offer or sale of timeshare interests may:(1) Portray possible accommodations or amenities to prospective purchasers in an advertisement, or a timeshare disclosure statement, without such accommodations or amenities being available for use by purchasers so long as the advertisement or timeshare disclosure statement complies with this section.(2) Portray possible accommodations or amenities to prospective purchasers by disseminating oral or written statements regarding same to broadcast or print media with no obligation on the developer’s part to actually construct such accommodations or amenities but only so long as such oral or written statements are not considered an advertisement pursuant to section 1102(b) of this chapter.(3) Portray a possible component site of a multisite timeshare plan to prospective purchasers with no accommodations or amenities located at such component site being available for use by purchasers so long as the developer satisfies the following requirements:(A) A developer of a multisite timeshare plan may disseminate oral or written statements to broadcast or print media describing a possible component site with no obligation on the developer’s part to actually add such component site to the multisite timeshare plan or to amend the developer’s filing with the division, but only so long as such oral or written statements are not considered advertising material pursuant to section 1102(b) of this chapter.(B) A developer may make representations to purchasers in advertising material or in a purchaser public offering statement regarding the possible accommodations and amenities of a possible component site without such accommodations or amenities being available for use by purchasers so long as the advertising material or purchaser public offering statement complies with the provisions of this section.(C) In the event a developer makes any of the representations permitted by subsection (b) of this section, the purchase agreement must contain substantially the following conspicuous disclosure unless and until such time as the developer has committed itself in the timeshare instrument to adding the possible component site to the multisite timeshare plan, at which time the developer may portray the component site pursuant to the timeshare instrument without restriction:“[Description of possible component site] is only a possible component site which may never be added to the multisite timeshare plan. Do not purchase an interest in the multisite timeshare plan in reliance upon the addition of this component site.”(4) Notwithstanding anything contained in this chapter to the contrary, a developer may communicate with existing owners regarding possible component sites without restriction, so long as all oral and written statements made to existing owners pursuant to this subsection comply with the provisions of this section.
(1) Portray possible accommodations or amenities to prospective purchasers in an advertisement, or a timeshare disclosure statement, without such accommodations or amenities being available for use by purchasers so long as the advertisement or timeshare disclosure statement complies with this section.
(2) Portray possible accommodations or amenities to prospective purchasers by disseminating oral or written statements regarding same to broadcast or print media with no obligation on the developer’s part to actually construct such accommodations or amenities but only so long as such oral or written statements are not considered an advertisement pursuant to section 1102(b) of this chapter.
(3) Portray a possible component site of a multisite timeshare plan to prospective purchasers with no accommodations or amenities located at such component site being available for use by purchasers so long as the developer satisfies the following requirements:(A) A developer of a multisite timeshare plan may disseminate oral or written statements to broadcast or print media describing a possible component site with no obligation on the developer’s part to actually add such component site to the multisite timeshare plan or to amend the developer’s filing with the division, but only so long as such oral or written statements are not considered advertising material pursuant to section 1102(b) of this chapter.(B) A developer may make representations to purchasers in advertising material or in a purchaser public offering statement regarding the possible accommodations and amenities of a possible component site without such accommodations or amenities being available for use by purchasers so long as the advertising material or purchaser public offering statement complies with the provisions of this section.(C) In the event a developer makes any of the representations permitted by subsection (b) of this section, the purchase agreement must contain substantially the following conspicuous disclosure unless and until such time as the developer has committed itself in the timeshare instrument to adding the possible component site to the multisite timeshare plan, at which time the developer may portray the component site pursuant to the timeshare instrument without restriction:“[Description of possible component site] is only a possible component site which may never be added to the multisite timeshare plan. Do not purchase an interest in the multisite timeshare plan in reliance upon the addition of this component site.”
(A) A developer of a multisite timeshare plan may disseminate oral or written statements to broadcast or print media describing a possible component site with no obligation on the developer’s part to actually add such component site to the multisite timeshare plan or to amend the developer’s filing with the division, but only so long as such oral or written statements are not considered advertising material pursuant to section 1102(b) of this chapter.
(B) A developer may make representations to purchasers in advertising material or in a purchaser public offering statement regarding the possible accommodations and amenities of a possible component site without such accommodations or amenities being available for use by purchasers so long as the advertising material or purchaser public offering statement complies with the provisions of this section.
(C) In the event a developer makes any of the representations permitted by subsection (b) of this section, the purchase agreement must contain substantially the following conspicuous disclosure unless and until such time as the developer has committed itself in the timeshare instrument to adding the possible component site to the multisite timeshare plan, at which time the developer may portray the component site pursuant to the timeshare instrument without restriction:“[Description of possible component site] is only a possible component site which may never be added to the multisite timeshare plan. Do not purchase an interest in the multisite timeshare plan in reliance upon the addition of this component site.”
“[Description of possible component site] is only a possible component site which may never be added to the multisite timeshare plan. Do not purchase an interest in the multisite timeshare plan in reliance upon the addition of this component site.”
(4) Notwithstanding anything contained in this chapter to the contrary, a developer may communicate with existing owners regarding possible component sites without restriction, so long as all oral and written statements made to existing owners pursuant to this subsection comply with the provisions of this section.