Revised Code of Washington - RCW Title 64 Real Property And Conveyances - Chapter 64.36 Timeshare Regulation

64.36.010 Definitions
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, ...

64.36.020 Registration required before advertisement, solicitation, or offer -- Requirements for registration -- Exemption authorized -- Penalties
(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 ...

64.36.025 Timeshare interest reservation -- Definition -- Registration required -- Promoter's obligations -- Deposits -- Escrow -- Purchaser cancellation rights -- Insolvency prior to completion
(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 ...

64.36.028 Timeshare interest -- Incomplete projects or facilities -- Promoter's obligations -- Funds -- Purchaser's rights
(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 ...

64.36.030 Application for registration -- Contents
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 ...

64.36.035 Applications for registration, consents to service, affidavits, and permits to market -- Authorized signatures required -- Corporate shield disclaimer prohibited
(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 ...

64.36.040 Application for registration -- When effective
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 ...

64.36.050 Timeshare offering -- Duration of registration -- Renewal -- Amendment -- Penalties
(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. ...

64.36.060 Application for registration -- Acceptance of disclosure documents -- Waiver of information -- Additional information
(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 ...

64.36.070 Registration as timeshare salesperson required -- Exemption
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 ...

64.36.081 Fees
(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 ...

64.36.085 Inspections of projects -- Identification of inspectors
(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 ...

64.36.090 Disciplinary action against a timeshare salesperson's application, registration, or license -- Unprofessional conduct
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 ...

64.36.100 Disciplinary action -- Unprofessional conduct -- Other conduct, acts, or conditions
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 ...

64.36.110 Requirements of transfer of promoter's interest -- Notice to purchaser
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 ...

64.36.120 Good faith required -- Provision relieving person from duty prohibited -- Out-of-state jurisdiction or venue designation void
(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 ...

64.36.130 Impoundment of proceeds from sales authorized -- Establishment of trusts, escrows, etc
(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 ...

64.36.140 Disclosure document -- Contents
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 ...

64.36.150 Disclosure document to prospective purchasers -- Cancellation and refund -- Voidable agreement
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 ...

64.36.160 Application of liability provisions
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 ...

64.36.170 Noncompliance -- Unfair practice under chapter 19.86 RCW
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 § 16.] ...

64.36.185 Director's powers -- Employment of outside persons for advice on project operating budget -- Reimbursement by promoter -- Notice and hearing
(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 ...

64.36.195 Assurances of discontinuance -- Violation of assurance constitutes unprofessional conduct
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 ...

64.36.200 Cease and desist order -- Notification -- Hearing
(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 ...

64.36.210 Unlawful acts -- Penalties
(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 ...

64.36.220 Injunction, restraining order, writ of mandamus -- Costs and attorney's fees -- Penalties -- Appointment of receiver or conservator
(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 ...

64.36.225 Liability of registrant or applicant for costs of proceedings
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 ...

64.36.240 Liability for violation of chapter
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 ...

64.36.250 Appointment of director to receive service -- Requirements for effective service
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 ...

64.36.260 Certain acts not constituting findings or approval by the director -- Certain representations unlawful
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 ...

64.36.270 Rules, forms, and orders -- Interpretive opinions
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 ...

64.36.290 Application of chapters 21.20, 58.19, and 19.105 RCW -- Exemption of certain camping and outdoor recreation enterprises
(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 ...

64.36.310 Copy of advertisement to be filed with director before publication -- Application of chapter limited
(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 ...

64.36.320 Free gifts, awards, and prizes -- Security arrangement required of promisor -- Other requirements -- Private causes of action
(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 ...

64.36.330 Membership lists available for members and owners -- Conditions -- Exclusion of members' names from list -- Commercial use of list
(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 ...

64.36.340 Uniform regulation of business and professions act
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 ...

64.36.900 Short title
This chapter may be known and cited as "The Timeshare Act."[1983 1st ex.s. c 22 § 32.] ...

64.36.901 Severability -- 1983 1st ex.s. c 22
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...