Express warranties made by any seller of a time share to a purchaser, if relied upon by the purchaser, are created as follows:
Any affirmation of fact or promise which relates to the time share, the time-share unit, rights appurtenant to either, area improvements that would directly benefit the time share or the right to use or have the benefit of facilities not located on the time-share unit, creates an express warranty that the time share, the time-share unit and related rights and uses will conform to the affirmation or promise.
Any model or description of the physical characteristics of the time-share property, including plans and specifications of or for improvements, creates an express warranty that the time-share property will conform to the model or description.
Any description of the quantity or extent of the real estate constituting the time-share property, including plats or surveys, creates an express warranty that the time-share property will conform to the description, subject to customary tolerances.
A provision that a purchaser may put a time-share unit only to a specified use is an express warranty that the specified use is lawful.
Neither formal words, such as "warranty" or "guarantee", nor a specific intention to make a warranty, is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the time share, the time-share unit or the value of either does not create a warranty.
Any transfer of a time share transfers to the purchaser all express warranties of quality made by previous sellers.
A developer and any person in the business of selling real estate for the person's own account impliedly warrants all of the following:
That except for reasonable wear and tear a time-share unit will be in at least as good condition at the earlier of the time of the transfer or of the delivery of possession of the time-share unit as it was at the time of contracting.
That a time-share unit and any other real property that the time-share owners have a right to use in conjunction with the time-share unit are suitable for the ordinary uses of real estate of its type, and that any improvements made or contracted for by the developer or the person in the business of selling real estate for the person's own account, or made by any person before transfer, will be all of the following:
Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.
In addition to par. (a)
, a developer impliedly warrants to a purchaser of a time share that an existing use of the time-share unit, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of transfer or of the delivery of possession of the time-share unit.
For purposes of this subsection, improvements made or contracted for by an affiliate of a developer are made or contracted for by the developer.
Any transfer of a time share transfers to the purchaser all of the developer's implied warranties of quality.
Subject to par. (b)
, a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues, unless extended by agreement, as follows:
As to a unit, at the time of the first transfer of a time share in the unit by the seller to a bona fide purchaser.
As to other improvements, at the time each improvement is completed.
If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the property, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
History: 1987 a. 399
Labeling of promotional material.
If any improvement in the time-share property is not required to be built, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement unless the description or portrayal of the improvement is conspicuously labeled or identified as "NEED NOT BE BUILT".
History: 1987 a. 399
Prohibited advertising and sales practices.
In connection with the offer or sale of a time share, no person may engage in any of the following practices:
(1) False or misleading statements.
Making any assertion, representation or statement of material fact that is false, deceptive or misleading.
Making any assertion, representation or statement that any incentives, including discounts, special prices, merchandise awards, types of memberships or other financial benefits, are only available to a prospective purchaser for the remainder of the day on which the assertion, representation or statement is made, except that the person may state that the incentives are not guaranteed in the future and that they may be subject to negotiation in the future.
(2m) Value of incentives.
Making any assertion, representation or statement that an incentive or inducement to purchase has a specified price or value unless the incentive or inducement is customarily sold apart from the sale of a time share.
(3) Resale value.
Misrepresenting the resale value of a time share.
(4) Financial investment.
Representing a time share as a financial investment.
Misrepresenting the identity, function or authority of a salesperson, including a time-share salesperson, as defined in s. 452.01 (9)
, or team of salespersons.
(6) Contradictory statements.
Making any assertion, representation or statement of material fact which is inconsistent with or contradictory to the terms or provisions of the purchase contract or material provided with the purchase contract.
(7) Length of sales presentation.
Misrepresenting the reasonably estimated length of any sales presentation by a salesperson, including a time-share salesperson, as defined in s. 452.01 (9)
, or team of salespersons.
(8) Seller's identity.
Failing to clearly disclose the seller's identity and that time shares are being offered for sale at the beginning of an initial contact with a prospective purchaser, if the contact is initiated by or on behalf of a seller.
(9) Purpose of advertising material.
Failing to include the following disclosure, in boldface type, on any printed advertising material, including any lodging certificate, gift, award, prize, premium or discount: THIS ADVERTISING MATERIAL IS BEING USED FOR THE PURPOSE OF SOLICITING THE SALE OF TIME-SHARE PROPERTY OR INTERESTS IN TIME-SHARE PROPERTY.
(10) Gifts and prizes.
A mail or coupon promotion sent to residents of this state that offers any award, gift or prize for visiting a development or attending any sales presentation shall comply with the requirements of s. 100.171
Entering into or requesting a person to enter into any agreement or stipulation that binds the person to waive compliance with this section or that requests the person to certify the absence of any misrepresentation or other violation of this section.
Developer's obligation to complete improvements.
The developer shall complete all promised improvements as described in the time-share instrument, promotional materials, advertising and the time-share disclosure statements. The developer shall be excused for the period or periods of delay in the completion of any promised improvement if delayed, hindered or prevented from doing so by causes beyond the developer's control, including any of the following:
Labor disputes not caused by the developer.
Civil commotion or insurrection.
Governmental restrictions, regulations or control.
Inability to obtain any materials or services.
Forces not under the control or supervision of the developer.
History: 1987 a. 399
Remedies and penalties. 707.57(1)(a)(a)
If a developer or any other person subject to this chapter fails to comply with this chapter or the time-share instrument, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief, including but not limited to damages, injunctive or declaratory relief, specific performance and rescission.
A person or class of persons entitled to relief under par. (a)
is also entitled to recover costs, disbursements and reasonable attorney fees, notwithstanding s. 814.04 (1)
(2) Department of agriculture, trade and consumer protection authority. 707.57(2)(a)(a)
The department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.
The department of agriculture, trade and consumer protection may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.
Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection or by the district attorney of the county where the violation occurs.
(4) Liberal construction.
The remedies provided by this chapter shall be liberally administered.
History: 1987 a. 399
; 1995 a. 27
That under sub. (1), any person or class of persons adversely affected by the failure to comply with ch. 707 has a claim does not require that a plaintiff must show some specific harm or pecuniary loss resulting from a seller's violations in order to obtain a remedy under sub. (1). The requirement that a plaintiff be adversely affected by a violation serves to exclude those who have not entered into a transaction with a time-share seller from bringing suit for the seller's violations of ch. 707. Ott v. Peppertree Resort Villas, Inc. 2006 WI App 77
, 292 Wis. 2d 173
, 716 N.W.2d 127
Applicability to existing time shares. 707.58(1)
This chapter applies to all time shares created in units within this state on or after June 1, 1988, and to time shares created before June 1, 1988, as provided in subs. (2)
(3) Sections 707.06
apply to contracts relating to time shares created before June 1, 1988, if the contract is entered into on or after June 1, 1988.
(4) Section 707.23
applies to time-share units created before June 1, 1988, but s. 707.23
does not apply to actions for partition which are brought before June 1, 1988.
(5) Section 707.34
applies to actions relating to time shares created before June 1, 1988, if those actions accrued on or after June 1, 1988.
(6) Section 707.35 (7)
applies to time-share property created before June 1, 1988, which is damaged or destroyed on or after June 1, 1988.
(8) Section 707.49
applies to time shares created before June 1, 1988, with respect to deposits, as defined in s. 707.49 (1) (b)
, relating to those time shares which are received on or after June 1, 1988.
(9) Section 707.53
applies to time shares created before June 1, 1988, with respect to warranties relating to those time shares which are made on or after June 1, 1988.
(10) Section 707.57
applies to actions relating to time shares created before June 1, 1988, to the extent the time shares are subject to this chapter.
(11) Section 707.02
applies to time shares created before June 1, 1988 to the extent necessary to construe any of the provisions listed in subs. (2)
The provisions listed in subs. (2)
do not apply to time shares created before June 1, 1988, if the provision conflicts with any rights or obligations created by a time-share instrument, document transferring an estate or interest in real property, or contract, existing before June 1, 1988.
The time-share instrument or similar document of a time-share property created before June 1, 1988, may be amended to accomplish any result permitted by this chapter if the amendment is adopted in conformity with the procedures and requirements specified by the time-share instrument or similar document. If the amendment grants to any person any rights, powers or privileges permitted by this chapter, all correlative obligations, liabilities and restrictions in this chapter also apply to that person.
History: 1987 a. 399
; 1989 a. 31
Time-share units not within state. 707.59(1)
Except as provided in sub. (2)
, if time shares in a time-share unit located outside of this state are offered or sold in this state, the laws of the state where the time-share unit is located which relate to a general matter covered by this chapter apply to the offer or sale of those time shares in this state. If the state in which the time-share unit is located has no laws relating to a general matter covered by this chapter, the provision in this chapter relating to that matter applies to the offer or sale of those time shares in this state.
(2) Section 707.55
applies to any offer or sale of a time share in a time-share unit, whether the time-share unit is located in this state or outside this state.
History: 1987 a. 399