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).