Sec. 42-103ii. Registration of time share plan. Presales authorization. Application fee. Developer requirements after approval by commissioner.
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(a)Except as provided by sections 42-103cc to 42-103ddd , inclusive, a developer may not offer or dispose of a time share interest unless such time share plan is registered with the Department of Consumer Protection.
(b)Before a registration application for a time share plan is submitted or completed, a developer or any person acting on the developer's behalf may accept a reservation and a deposit from a prospective purchaser if the deposit is placed in an escrow account with a closing agent and if the deposit is fully refundable at any time at the request of the purchaser. The deposit shall not be forfeited unless the purchaser affirmatively creates a binding obligation by a subsequent written instrument consisting of a binding contract to purchase, in which case the release of funds shall be governed by subsections
(a)to (o), inclusive, of section 42-103ss .
(c)A developer or any person acting on the developer's behalf may not offer or dispose of a time share interest during any period within which there is in effect an order by the commissioner or by any court of competent jurisdiction revoking or suspending the registration of the time share plan of which such time share interest is a part.
(d)At the developer's request, the department may authorize the developer to conduct presales before a time share plan is registered if the registration application is administratively complete, as determined by the commissioner or as established by department regulations. The authorization for presales shall permit the developer to offer and dispose of time share interests during the period the registration application is in process. To obtain a presales authorization, the developer shall:
(1)Submit a written request to the department for an authorization to conduct presales;
(2)Submit an administratively complete application for registration, including an application fee of three hundred dollars and any exhibits required by the department; and
(3)Provide evidence acceptable to the department that all funds received by the developer will be placed with a closing agent with instructions requiring the funds to be retained until a registration application is complete as determined by the department.
(e)After the final time share disclosure statement is approved by the commissioner, the developer shall:
(1)Give each purchaser and prospective purchaser a copy of the final time share disclosure statement; and
(2)Provide the purchaser with a second opportunity to cancel the purchase contract, as provided in subsections
(c)and
(d)of section 42-103pp , if the commissioner determines that a materially adverse change exists between the disclosures contained in the proposed time share disclosure statement and the final time share disclosure statement.
(f)The requirements of sections 42-103cc to 42-103ddd , inclusive, shall remain in effect during the period the developer offers or disposes of time share interests of the time share plan registered with the department. The developer shall notify the department in writing when the developer ceases to offer the time share plan in this state.