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34-27-53
Section 34-27-53 Acts constituting violation of article - Failure to utilize, etc., fully completed
copy of contract. It shall be a violation of this article for the seller of a vacation time-sharing
plan to fail to utilize and furnish the buyer with a fully completed copy of a contract pertaining
to such sale at the time of its execution which shall include: (1) The actual date the contract
is signed by all parties. (2) The name and address of the seller. (3) In immediate proximity
to the space reserved in the contract for the signature of the buyer and in no smaller type
than contained in the body of the contract: a. In the case of a vacation time-sharing lease
plan, the following statement: "You may cancel this contract without penalty or obligation
within five days, not including Sunday if that is the fifth day, from the above date. You
may also cancel this contract at any time in case the accommodations or facilities are no
longer available as provided in the contract. If you...
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34-27-58
Section 34-27-58 Acts constituting violation of article - Failure to place 50 percent of cash,
etc., received in escrow; failure to provide liability insurance, etc. (a) It shall be a violation
of this article for a seller of vacation time-sharing lease plans to fail to: (1) Place in
escrow 50 percent of the cash and receivables received from the purchasers of such plans,
such receivables to be assessed at net principal value. a. The purpose of such escrow account
is to protect the purchaser's right to a refund if at any time the accommodations and facilities
are no longer available as provided in the contract; provided however, nothing contained in
this section shall operate to deny the seller the option to repair, replace, or reconstruct,
within a reasonable time, the accommodations or facilities, if destroyed or damaged. b. The
purchaser shall be entitled to a refund from the escrow account upon the conditions described
above in an amount which represents the buyer's pro rata share...
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34-27-51
Section 34-27-51 Acts constituting violation of article - Sell, etc.; without license; failure
to provide certain documents at time of registration; failure to follow rules of advertising.
It shall be a violation of this article for any seller of vacation time-sharing plans to:
(1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions
unless the seller has been duly licensed under the provisions of Section 34-27-66 and unless
the vacation time-sharing plan and the units thereby affected have first been registered with
the commission. Provided, however, that the registration requirements of this article shall
not apply to nor restrict the listing and resale of any vacation time-sharing plan when: a.
The vacation time-sharing plan to be resold is within an existing time-sharing facility currently
registered with the commission pursuant to the requirements of this article; and b. The vacation
time-sharing plan to be resold is subject to the identical...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
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34-27-66
Section 34-27-66 Examination and license requirements; issuance and renewal of license; inactive
status; change of address. (a) Any person desiring to act as a seller of vacation time-sharing
plans shall file with the commission a written application upon such form as the commission
shall designate and shall pass to the satisfaction of the commission the examination hereinafter
prescribed. (b) Prerequisites for taking the vacation time-sharing sales examination are as
follows: (1) Evidence satisfactory to the commission that the applicant bears a good reputation
for honesty and truthfulness. (2) The applicant should not have been convicted of any criminal
offense involving moral turpitude or of any felony in this or any other state. (3) The applicant
shall be at least 19 years of age. (4) The applicant shall be a citizen of the United States
or, if not a citizen of the United States, a person who is legally present in the United States
with appropriate documentation from the federal...
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34-27-57
Section 34-27-57 Acts constituting violation of article - Sell, etc., interest in plan to third
person that substantially affects rights of other owners. (a) It shall be a violation of this
article for any seller of vacation time-sharing plans to sell, lease, assign, or otherwise
transfer the seller's interest in the vacation time-sharing plan or the accommodations or
facilities to a third party when such a sale, lease, assignment, or other transfer substantially
affects the rights of other owners or lessees of the time-share units, unless: (1) The third
party agrees in writing to: a. Fully honor the rights of purchasers of the vacation time-sharing
plan to occupy and use the accommodations or facilities; and b. Fully honor rights of purchasers
of the vacation time-sharing plan to cancel their contracts and receive an appropriate refund
as provided in this article; and c. Comply with the provisions of this article for as long
as the third party continues to sell the vacation...
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34-27-54
Section 34-27-54 Acts constituting violation of article - Failure, etc., to honor buyer's request
to cancel contract. It shall be a violation of this article for the seller of vacation time-sharing
plans, or his or her assignees, to fail or refuse to honor a buyer's request to cancel a contract
as provided by Section 34-27-53 if such request is made; provided however, nothing contained
in this section shall operate to deny the seller the option to repair, replace, or reconstruct
within a reasonable time the accommodations or facilities if destroyed or damaged; provided
that such repair, replacement, or reconstruction shall bring such accommodations or facilities
back to a state reasonably the same as before the damage or destruction. (Acts 1983, No. 83-670,
p. 1035, ยง5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-54.htm - 1K - Match Info - Similar pages
34-27-55
Section 34-27-55 Acts constituting violation of article - Failure to refund all payments; failure
to place all funds in escrow account. It shall be a violation of this article for a seller
of vacation time-sharing plans to: (1) Fail to refund any and all payments made by the buyer
under the contract and return any negotiable instrument, other than checks, executed by the
buyer in connection with the contract or services within 20 days after receipt of notice of
cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits
pursuant to the contract. (2) If the buyer has received any benefits pursuant to the contract,
fail to refund within 30 days after receipt of notification of cancellation made pursuant
to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller
which exceed a pro rata portion of the total price, taking into consideration the cost of
use of the time-share facilities at an average rental rate per unit for all...
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34-27-59
Section 34-27-59 Acts constituting violation of article - Failure to disclose total financial
obligation, etc., in contract. It shall be a violation of this section for any seller of vacation
time-sharing plans to fail to fully disclose in the contract in boldface type of a size no
smaller than any other type used in the body of the contract to purchaser: (1) The total financial
obligation of the purchaser, which shall include the initial purchase price and any additional
charges to which the purchaser may be subject. (2) Any individual or business entity which
has or may have the right to alter, amend, or add to charges to which the purchaser may be
subject and the terms and conditions under which such charges may be imposed. (3) The nature
and duration of each agreement between the business offering the vacation time-sharing plans
for sale and the individual or business entity managing the accommodations or other facilities.
(4) In immediate proximity to the space reserved in the...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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