Sec. 221.110. DECEPTIVE TRADE PRACTICES. A person subject to this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Sections 17.46(a) and (b), Business & Commerce Code, by engaging in any of the following acts:
(1) failing to disclose information as required by this subchapter;
(2) making false or misleading statements concerning:
(A) the existence of an offer related to the purchase or rent of a timeshare interest;
(B) the likelihood of the completion or the time necessary to complete any sale, rental, transfer, or termination of a timeshare interest;
(C) the value of a timeshare interest;
(D) the current or future costs, including assessments, maintenance fees, or taxes, of owning a timeshare interest;
(E) the method by which or source from which a timeshare interest owner's name, address, telephone number, or other contact information was obtained;
(F) the identity of the person providing services to facilitate the transfer or termination of a timeshare interest or any affiliate, agent, or third-party representative of that person;
(G) the terms and conditions under which services to facilitate a transfer or termination of a timeshare interest are offered;
(H) the willingness of a developer, association, or managing entity to:
(i) agree to the transfer or termination of a timeshare interest; or
(ii) execute instruments necessary to transfer or terminate the timeshare interest; or
(I) the manner in which consideration or reimbursements paid by a timeshare interest owner will be used or applied;
(3) encouraging or inducing a timeshare interest owner to stop paying the developer, the association, or the managing entity in violation of a contract with or any other legally enforceable obligation to the developer, the association, or the managing entity before the completion of a transfer or termination; or
(4) receiving or collecting consideration for or reimbursement related to the facilitation of the transfer of a timeshare interest before the timeshare interest owner receives the documents described by Sections 221.105(1) and (2).
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
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