Title 44, Chapter 3, Section 174
( 44-3-174)
(a) Before transfer of a time-share interval and no later than the
date of any sales agreement, the developer shall provide the
intended transferee with a copy of the public offering statement and
any amendments and supplements thereto. The sales agreement is
voidable by the purchaser for seven days, Sundays and holidays
excepted, after receipt of the public offering statement or for
seven days, Sundays and holidays excepted, after signing any sales
agreement, whichever is later. Cancellation is without penalty or
obligation, and all payments made by the purchaser before
cancellation must be refunded within 30 days after receipt of the
notice of cancellation. (b) In addition to the rights of the developer provided in the sales
agreement, up to seven days, Sundays and holidays excepted, after
the signing of any sales agreement, the developer may cancel the
sales agreement without penalty or obligation to either party. The
developer shall return all payments made by the purchaser within 30
days after canceling the agreement and the purchaser shall return
all materials received in good condition, reasonable wear and tear
excepted. (c) If a time-share use is being conveyed, a purchaser shall have
the right to cancel the transaction at any time after the facilities
are no longer available for use. (d) The rights of cancellation provided for in subsections (a), (b),
and (c) of this Code section shall not be waivable by any purchaser. (e) Any sales agreement must contain a conspicuous statement as
follows: "YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION THIS SALES AGREEMENT
FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL WITHIN SEVEN
DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING AND RECEIVE A
REFUND OF ANY FUNDS PAID. IF YOU DID NOT RECEIVE A PUBLIC
OFFERING STATEMENT PRIOR TO SIGNING THIS SALES AGREEMENT, YOU MAY
CANCEL THIS SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND
HOLIDAYS EXCEPTED, AFTER RECEIPT OF A PUBLIC OFFERING STATEMENT.
YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE
TO CANCEL, YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE
CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY
CERTIFIED MAIL OR STATUTORY OVERNIGHT DELIVERY, RETURN RECEIPT
REQUESTED, TO (insert the name and address of the developer or the
developer's agent). YOUR NOTICE WILL BE EFFECTIVE UPON THE DATE
YOU SEND IT." (f) Prospective purchasers receiving a copy of the public offering
statement shall sign a conspicuous statement acknowledging receipt
of the public offering statement which shall be kept at the
principal office of the developer for a period of three years from
the date of receipt. Said statement shall read as follows: "I HEREBY ACKNOWLEDGE THAT I HAVE RECEIVED THE PUBLIC OFFERING
STATEMENT OF (insert name of project) ON (insert date) AND I
UNDERSTAND THAT MY RIGHT TO CANCEL ANY SALES AGREEMENT TO PURCHASE
A TIME-SHARE INTERVAL EXPIRES ON (insert date), WHICH IS SEVEN
DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES
AGREEMENT OR SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER
RECEIPT OF THE PUBLIC OFFERING STATEMENT, WHICHEVER IS LATER." |