Washington · statute · Wash. Rev. Code ch. 64.36 · 39 active provisions
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, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer for a timeshare.(2) "Affiliate of a promot…
(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 made in this state.(2) An applicant shall apply for registration by filing with the director:(a) A copy of the disclosure document prepared in accordance with RCW 64.36.…
(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 has not yet been completed and an effective registration has been obtained under this chapter.(2) An effective registration pursuant to this chapter is requ…
(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 sell or sells revocable timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW 64.36.025. If a promoter see…
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 showing the financial condition of the promoter and any affiliate:(a) A balance sheet as of a date within four months before the filing of the appli…
(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 of attorney is specifically authorized to make such signatures. If the signature of a person with a power of attorney or trustee is used, the filing of the signature…
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 Standard Time on the afternoon of the thirtieth calendar day after the filing of the application or the last amendment or at such earlier time as the director determ…
(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.(2) Registration of a timeshare offering may be renewed for additional periods of one year each, unless the director by rule specifies a different period, by filing a…
(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 agencies of the United States or any other state;(b) Any disclosure document compiled in accordance with any rule of any agency of the United States or any other state; or(c) Any…
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 timeshare salesperson unless the timeshare offering is exempt from registration under RCW 64.36.020. Registration may be obtained by filing an application wit…
(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 the director may establish fees for the following:(a) Processing an original application for registration of a timeshare offering, along with an additional fee for eac…
(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 to conduct the inspections.(2) The director may perform "spot checks" or inspections of sales offices, during tours or sales presentations or normal bus…
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 selling under this chapter, if the director finds that the applicant or registrant has committed unprofessional conduct as described in RCW 1…
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 in unprofessional conduct as described in RCW 18.235.130. In addition, the director may deny or take disciplinary action based on the following conduct,…
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 the timeshare purchaser's right to use and occupy the timeshare unit, honor the purchaser's right to cancel, and comply with this chapter. In the event of a t…
(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 to agree to a release, assignment, novation, waiver, or any other provision which relieves any person from a duty imposed by this chapter.(3) Any provision in a timeshare…
(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 impounded until the promoter receives an amount established by the director. The director may by rule determine the conditions of any impoundment required under this section, inclu…
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 the purchase of a timeshare. The timeshare salesperson shall date and sign the disclosure document. The disclosure document shall include:(1) The offic…
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 the execution of any agreement for the purchase of a timeshare. A purchaser may, for seven days following execution of an agreement to purchase a timeshar…
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 of the director, notwithstanding that the rule, form, or order may later be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
Any failure to comply with this chapter constitutes an unfair and deceptive trade practice under chapter 19.86 RCW.
(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 professionals or consultants to provide advice or to develop an alternative budget. The promoter shall pay or reimburse the department for the costs incurred for such pro…
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 or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement to not viol…
(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 is about to violate any provision of this chapter or any rule or order issued under this chapter.(2) Upon the entry of the temporary order to cease and desist, the director shall promptly noti…
(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 untrue or misleading statement of a material fact, or to omit a material fact;(b) To employ any device, scheme, or artifice to defraud;(c) To engage in any act, practice, or course of business wh…