Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES
22 chapters · 521 sections in this title.
RCW 64.36.010 Definitions.
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As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.(1) "Advertisement" means any written, printed, audio, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer fo…
RCW 64.36.020 Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties.
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(1) A timeshare offering registration must be effective before any advertisement, solicitation of an offer, or any offer or sale of a timeshare may be made in this state.(2) An applicant shall apply for registration by filing with the director:(a) A copy of the disclosure documen…
RCW 64.36.025 Timeshare interest reservation—Definition—Registration required—Promoter's obligations—Deposits—Escrow—Purchaser cancellation rights—Insolvency prior to completion.
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(1) For the purpose of this section, "timeshare interest reservation" means a revocable right to purchase an interest in a timeshare project for which construction has not yet been completed and an effective registration has been obtained under this chapter.(2) An effective regis…
RCW 64.36.028 Timeshare interest—Incomplete projects or facilities—Promoter's obligations—Funds—Purchaser's rights.
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(1) An effective registration pursuant to this chapter is required for any party to offer to sell a timeshare interest. A promoter who offers to sell or sells revocable timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirem…
RCW 64.36.030 Application for registration—Contents.
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The application for registration signed by the promoter shall contain the following information on a form prescribed by the director:(1) The following financial statements showing the financial condition of the promoter and any affiliate:(a) A balance sheet as of a date within fo…
RCW 64.36.035 Applications for registration, consents to service, affidavits, and permits to market—Authorized signatures required—Corporate shield disclaimer prohibited.
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(1) Applications, consents to service of process, affidavits, and permits to market shall be signed by the promoter, unless a trustee or person with power of attorney is specifically authorized to make such signatures. If the signature of a person with a power of attorney or trus…
RCW 64.36.040 Application for registration—When effective.
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If no stop order is in effect and no proceeding is pending under RCW 64.36.100, a complete registration application becomes effective at 3:00 p.m. Pacific Standard Time on the afternoon of the thirtieth calendar day after the filing of the application or the last amendment or at …
RCW 64.36.050 Timeshare offering—Duration of registration—Renewal—Amendment—Penalties.
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(1) A timeshare offering is registered for a period of one year from the effective date of registration unless the director specifies a different period.(2) Registration of a timeshare offering may be renewed for additional periods of one year each, unless the director by rule sp…
RCW 64.36.060 Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information.
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(1) In lieu of the documents required to be filed under RCW 64.36.030, the director may by rule accept:(a) Any disclosure document filed with agencies of the United States or any other state;(b) Any disclosure document compiled in accordance with any rule of any agency of the Uni…
RCW 64.36.070 Registration as timeshare salesperson required—Exemption.
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Any individual offering timeshare units or timeshare interest reservations for the individual's own account or for the account of others shall be registered as a timeshare salesperson unless the timeshare offering is exempt from registration under RCW 64.36.020. Registration may …
RCW 64.36.081 Fees.
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(1) Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086. These fees shall be prepaid and the director may establish fees for the following:(a) Processing an original application for registration of a timeshare offeri…
RCW 64.36.085 Inspections of projects—Identification of inspectors.
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(1) The director may require inspections of projects registered under this chapter and promoters and their agents shall cooperate by permitting staff of the department to conduct the inspections.(2) The director may perform "spot checks" or inspections of sales offices, during to…
RCW 64.36.090 Disciplinary action against a timeshare salesperson's application, registration, or license—Unprofessional conduct.
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The director may take disciplinary action against a timeshare salesperson's registration or application for registration or a salesperson's license under chapter 18.85 RCW who is selling under this chapter, if the director finds that the applicant or registrant has committed unpr…
RCW 64.36.100 Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions.
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The director may deny or take disciplinary action against any timeshare application or registration if the director finds that the applicant or registrant has engaged in unprofessional conduct as described in RCW 18.235.130. In addition, the director may deny or take disciplinary…
RCW 64.36.110 Requirements of transfer of promoter's interest—Notice to purchaser.
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A promoter shall not sell, lease, assign, or otherwise transfer the promoter's interest in the timeshare program unless the transferee agrees in writing to honor the timeshare purchaser's right to use and occupy the timeshare unit, honor the purchaser's right to cancel, and compl…
RCW 64.36.120 Good faith required—Provision relieving person from duty prohibited—Out-of-state jurisdiction or venue designation void.
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(1) The parties to a timeshare agreement shall deal with each other in good faith.(2) A timeshare promoter shall not require any timeshare purchaser to agree to a release, assignment, novation, waiver, or any other provision which relieves any person from a duty imposed by this c…
RCW 64.36.130 Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc.
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(1) The director may by rule require as a condition of registration under this chapter that the proceeds from the sale of the timeshares be impounded until the promoter receives an amount established by the director. The director may by rule determine the conditions of any impoun…
RCW 64.36.140 Disclosure document—Contents.
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Any person who offers or sells a timeshare shall provide the prospective purchaser a written disclosure document before the prospective purchaser signs an agreement for the purchase of a timeshare. The timeshare salesperson shall date and sign the disclosure document. The disclos…
RCW 64.36.150 Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement.
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The promoter or any person offering timeshare interest shall provide a prospective purchaser with a copy of the disclosure document described in RCW 64.36.140 before the execution of any agreement for the purchase of a timeshare. A purchaser may, for seven days following executio…
RCW 64.36.160 Application of liability provisions.
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No provision of this chapter imposing any liability applies to any act or omission in good faith in conformity with any rule, form, or order of the director, notwithstanding that the rule, form, or order may later be amended or rescinded or determined by judicial or other authori…
RCW 64.36.170 Noncompliance—Unfair practice under chapter 19.86 RCW.
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Any failure to comply with this chapter constitutes an unfair and deceptive trade practice under chapter 19.86 RCW.[ 1983 1st ex.s. c 22 s 16.]
RCW 64.36.185 Director's powers—Employment of outside persons for advice on project operating budget—Reimbursement by promoter—Notice and hearing.
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(1) If it appears that the operating budget of a project fails to adequately provide for funding of reserve accounts, the director may employ outside professionals or consultants to provide advice or to develop an alternative budget. The promoter shall pay or reimburse the depart…
RCW 64.36.195 Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct.
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The director or persons to whom the director delegates such powers may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law …
RCW 64.36.200 Cease and desist order—Notification—Hearing.
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(1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter.(2) Upon the entry of the temporary order to cease and …
RCW 64.36.210 Unlawful acts—Penalties.
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(1) It is unlawful for any person in connection with the offer, sale, or lease of any timeshare in the state:(a) To make any untrue or misleading statement of a material fact, or to omit a material fact;(b) To employ any device, scheme, or artifice to defraud;(c) To engage in any…
RCW 64.36.220 Injunction, restraining order, writ of mandamus—Costs and attorney's fees—Penalties—Appointment of receiver or conservator.
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(1) The attorney general, in the name of the state or the director, may bring an action to enjoin any person from violating any provision of this chapter. Upon a proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mand…
RCW 64.36.225 Liability of registrant or applicant for costs of proceedings.
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A registrant or applicant against whom an administrative or legal proceeding authorized under this chapter has been filed, shall be liable for and reimburse to the state of Washington by payment into the business and professions account created in RCW 43.24.150, all administrativ…
RCW 64.36.240 Liability for violation of chapter.
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Any person who offers, sells, or materially aids in such offer or sale of a timeshare in violation of this chapter is liable to the person buying the timeshare who may sue either at law or in equity to recover the consideration paid for the timeshare, together with interest at te…
RCW 64.36.250 Appointment of director to receive service—Requirements for effective service.
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Every applicant for registration under this chapter shall file with the director, in a form the director prescribes by rule, an irrevocable consent appointing the director to be the attorney of the applicant to receive service of any lawful process in any civil suit, action, or p…
RCW 64.36.260 Certain acts not constituting findings or approval by the director—Certain representations unlawful.
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Neither the fact that an application for registration nor a disclosure document under RCW 64.36.140 has been filed, nor the fact that a timeshare offering is effectively registered, constitutes a finding by the director that any document filed under this chapter is true, complete…
RCW 64.36.270 Rules, forms, and orders—Interpretive opinions.
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The director may make, amend, and repeal rules, forms, and orders when necessary to carry out this chapter. The director may honor requests for interpretive opinions.[ 1983 1st ex.s. c 22 s 26.]
RCW 64.36.290 Application of chapters 21.20, 58.19, and 19.105 RCW—Exemption of certain camping and outdoor recreation enterprises.
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(1) All timeshares registered under this chapter are exempt from chapters 21.20, *58.19, and 19.105 RCW.(2) This chapter shall not apply to any enterprise that has as its primary purpose camping and outdoor recreation and camping sites designed and promoted for the purpose of pur…
RCW 64.36.310 Copy of advertisement to be filed with director before publication—Application of chapter limited.
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(1) No person may publish any advertisement in this state offering a timeshare which is subject to the registration requirements of RCW 64.36.020 unless a true copy of the advertisement has been filed in the office of the director at least seven days before publication or a short…
RCW 64.36.320 Free gifts, awards, and prizes—Security arrangement required of promisor—Other requirements—Private causes of action.
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(1) No person, including a promoter, may advertise, sell, contract for, solicit, arrange, or promise a free gift, an award, a prize, or other item of value in this state as a condition for attending a sales presentation, touring a facility, or performing other activities in conne…
RCW 64.36.330 Membership lists available for members and owners—Conditions—Exclusion of members' names from list—Commercial use of list.
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(1) Concerning any timeshare offered or sited in this state, it is unlawful and a violation of this chapter and chapter 19.86 RCW for any person, developer, promoter, operator, or other person in control of timeshares or the board of directors or appropriate officer of timeshares…
RCW 64.36.340 Uniform regulation of business and professions act.
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The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.[ 2002 c 86 s 304.]Notes:Effective dates—2002 c 86: See note following RCW 18.08.340.Pa…
RCW 64.36.350 Military training or experience.
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An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.[ 2011 c 351 s 20.]
RCW 64.36.351 Spouses of military personnel—Registration.
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The director shall develop rules consistent with RCW 18.340.020 for the registration of spouses of military personnel.[ 2011 2nd sp.s. c 5 s 9.]Notes:Implementation—2011 2nd sp.s. c 5: See note following RCW 18.340.010.
RCW 64.36.900 Short title.
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This chapter may be known and cited as "The Timeshare Act."[ 1983 1st ex.s. c 22 s 32.]