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The Timeshare Act

Washington · Real Property and Conveyances · §§ 64.36.010 to 64.36.900 · 39 sections

Overview

This act governs the creation, sale, and ongoing administration of timeshare interests in real property, addressing how a timeshare regime is declared, how the interests are conveyed and encumbered, and how commonly owned property is held and partitioned. It requires developers to register timeshare plans with a state regulatory authority before offering them — with procedures for application, amendment, renewal, suspension, and denial, plus investigative and enforcement powers — and it regulates advertising and promotion while mandating written timeshare and exchange disclosure statements. It also gives purchasers a right to cancel and obtain a refund, imposes contract, documentation, escrow or alternative financial-assurance, and insurance obligations on developers and exchange companies, and requires managing entities to provide annual fee and expense statements, all backed by civil penalties, injunctive relief, and deceptive trade practice liability.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 3 court decisions.

Most-cited authority: 105 Wash. 2d 778 - Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance

Sections covered

  • RCW 64.36.010Definitions.
  • RCW 64.36.020Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties.
  • RCW 64.36.025Timeshare interest reservation—Definition—Registration required—Promoter's obligations—Deposits—Escrow—Purchaser cancellation rights—Insolvency prior to completion.
  • RCW 64.36.028Timeshare interest—Incomplete projects or facilities—Promoter's obligations—Funds—Purchaser's rights.
  • RCW 64.36.030Application for registration—Contents.
  • RCW 64.36.035Applications for registration, consents to service, affidavits, and permits to market—Authorized signatures required—Corporate shield disclaimer prohibited.
  • RCW 64.36.040Application for registration—When effective.
  • RCW 64.36.050Timeshare offering—Duration of registration—Renewal—Amendment—Penalties.
  • RCW 64.36.060Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information.
  • RCW 64.36.070Registration as timeshare salesperson required—Exemption.
  • RCW 64.36.081Fees.
  • RCW 64.36.085Inspections of projects—Identification of inspectors.
  • RCW 64.36.090Disciplinary action against a timeshare salesperson's application, registration, or license—Unprofessional conduct.
  • RCW 64.36.100Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions.
  • RCW 64.36.110Requirements of transfer of promoter's interest—Notice to purchaser.
  • RCW 64.36.120Good faith required—Provision relieving person from duty prohibited—Out-of-state jurisdiction or venue designation void.
  • RCW 64.36.130Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc.
  • RCW 64.36.140Disclosure document—Contents.
  • RCW 64.36.150Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement.
  • RCW 64.36.160Application of liability provisions.
  • RCW 64.36.170Noncompliance—Unfair practice under chapter 19.86 RCW.3 cites
  • RCW 64.36.185Director's powers—Employment of outside persons for advice on project operating budget—Reimbursement by promoter—Notice and hearing.
  • RCW 64.36.195Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct.
  • RCW 64.36.200Cease and desist order—Notification—Hearing.
  • RCW 64.36.210Unlawful acts—Penalties.
  • RCW 64.36.220Injunction, restraining order, writ of mandamus—Costs and attorney's fees—Penalties—Appointment of receiver or conservator.
  • RCW 64.36.225Liability of registrant or applicant for costs of proceedings.
  • RCW 64.36.240Liability for violation of chapter.
  • RCW 64.36.250Appointment of director to receive service—Requirements for effective service.
  • RCW 64.36.260Certain acts not constituting findings or approval by the director—Certain representations unlawful.
  • RCW 64.36.270Rules, forms, and orders—Interpretive opinions.
  • RCW 64.36.290Application of chapters 21.20, 58.19, and 19.105 RCW—Exemption of certain camping and outdoor recreation enterprises.
  • RCW 64.36.310Copy of advertisement to be filed with director before publication—Application of chapter limited.
  • RCW 64.36.320Free gifts, awards, and prizes—Security arrangement required of promisor—Other requirements—Private causes of action.
  • RCW 64.36.330Membership lists available for members and owners—Conditions—Exclusion of members' names from list—Commercial use of list.
  • RCW 64.36.340Uniform regulation of business and professions act.
  • RCW 64.36.350Military training or experience.
  • RCW 64.36.351Spouses of military personnel—Registration.
  • RCW 64.36.900Short title.

Enacted in other states

North Carolina, Texas

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