CHAPTER........
AN ACT relating to time shares; requiring a person who resells a time share to disclose
certain facts to a purchaser; requiring certain persons who resell time shares to
register as time share resale brokers; requiring the disclosure of certain facts in an
agreement between an owner and a person who resells a time share; requiring a time
share resale broker to place certain advance fees in a trust account until the sale of
the time share or the expiration of the listing; requiring the real estate division of the
department of business and industry to review the advertising of a time share being
offered for resale; requiring a filing fee; providing a penalty; and providing other
matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 119A of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2.
"Time share resale" means the sale or transfer of a timeshare that was previously sold to a purchaser.
Sec. 3.
"Time share resale broker" means a person who is registeredas a time share resale broker pursuant to the provisions of this chapter.
Sec. 4.
1. An agreement for a time share resale entered into by anowner and a person who resells a time share must:
(a) Be in writing; and
(b) Contain a disclosure that sets forth:
(1) Whether any person other than the purchaser may use the time
share during the period before the time share is resold;
(2) Whether any person other than the purchaser may rent the use
of the time share during the period before the time share is resold;
(3) The name of any person who will receive any rents or profits
generated from the use of the time share during the period before the
time share is resold; and
(4) A detailed description of any relationship between the person
who resells the time share and any other person who receives any benefit
from the use of the time share.
2. A person who resells a time share shall provide a fully executed
copy of the written agreement described in subsection 1 to the owner on
the date that the owner signs the agreement.
3. A person who resells a time share shall make the disclosures
required pursuant to paragraph (b) of subsection 1 before accepting
anything of value from the owner.
Sec. 5.
1. Before a purchaser signs any contract to purchase a timeshare that is offered for resale, the person who is reselling the time share
shall disclose by a written document separate from the contract to
purchase a time share:
(a) The period during which the purchaser may use the time share
(b) A legal description of the interest in the time share;
(c) The earliest date that the prospective purchaser may use the time
share;
(d) The name, address and telephone number of the agent managing
the time-share project;
(e) The place where the documents of formation of the association
and documents governing the time-share project may be obtained;
(f) The amount of the annual assessment of the association of the
time share for the current fiscal year, if any;
(g) Whether all assessments against the time share are paid in full,
and the consequences of failure to pay any assessment;
(h) Whether participation in any program for the exchange of
occupancy rights among time-share owners or with the owners of time
shares in other time-share properties is mandatory; and
(i) Any other information required to be disclosed pursuant to the
regulations adopted by the administrator pursuant to subsection 2.
2. The administrator shall adopt regulations prescribing the form
and contents of the disclosure statement described in this section.
Sec. 6.
1. A person who wishes to list, advertise for resale, solicitprospective purchasers of, promote or resell 12 or more time shares that
were previously sold must:
(a) Be licensed as a real estate broker pursuant to the provisions of
chapter 645 of NRS; and
(b) Register as a time share resale broker with the division by
completing a form for registration provided by the division.
2. A time share resale broker shall renew his registration with the
division annually on a form provided by the division.
3. Unless the method of resales of time shares is made to evade the
provisions of this chapter, a person is not required to register as a time
share resale broker if the person:
(a) Has acquired fewer than 12 time shares and who later resells or
offers to resell one or more of those time shares; or
(b) Is a project broker who resells or offers to resell a time share in a
project as an agent for a developer who holds a permit for the project.
Sec. 7.
In addition to the provisions of NRS 645.322, 645.323 and645.324, a time share resale broker who charges or collects an advance
fee shall place 80 percent of that fee into his trust account. If the time
share resale broker closes escrow on the time share resale, he shall be
deemed to have earned the advance fee. If the listing of the time share
expires before the time share resale broker closes escrow on the time
share resale, he must return the money held in the trust account to the
owner of the time share within 10 days after the date of the expiration of
the listing.
4. The division shall render a decision upon an application for the
approval of advertising or an offer for resale within 30 days after the date
the application is filed.
Sec. 9. NRS 119A.010 is hereby amended to read as follows:
Sec. 10. NRS 119A.680 is hereby amended to read as follows:
Sec. 11. The amendatory provisions of this act do not apply to
offenses that were committed before July 1, 1999.
Sec. 12. This act becomes effective on July 1, 1999.
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