PROTECTION OF PURCHASERS
707.40
707.40
Applicability; exemptions. This subchapter applies to all time shares subject to this chapter, except that
ss. 707.41 to
707.45 and
707.48 do not apply to any of the following:
707.40(1)
(1) The disposition of a time share in any of the following circumstances:
707.40(1)(d)
(d) By foreclosure or deed in lieu of foreclosure.
707.40(2)
(2) The disposition of a time share if the purchaser may cancel at any time and for any reason without penalty.
707.40(3)
(3) The disposition of a time share in a unit situated wholly outside this state under a contract executed wholly outside this state, if there has been no offering within this state.
707.40(4)
(4) An offering by a developer of time shares in not more than one time-share unit at any one time.
707.40(5)
(5) Disposition to one purchaser of a time-share property or all of the time shares in a time-share property.
707.40(6)
(6) A transaction normal and customary in the hotel and motel business, including but not limited to acceptance of advance reservations, if the person engaging in the transaction operates or owns a motel or hotel substantially engaged in the business of accepting short-term, single reservation contracts with customers who obtain no associated long-term use rights.
707.40 History
History: 1987 a. 399.
707.41
707.41
Time-share disclosure statement. 707.41(1)(a)(a) Except as provided in
par. (b), a developer, before offering an interest in a time-share unit, shall prepare a time-share disclosure statement conforming to the requirements of this section and, if applicable,
ss. 707.42 to
707.45.
707.41(1)(b)
(b) A developer may transfer responsibility for preparation of all or a part of the time-share disclosure statement to a successor developer or to a person in the business of selling real estate who intends to offer time shares in the time-share property for the person's own account. The developer shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of this section.
707.41(2)
(2) Delivery of statement; single statement. 707.41(2)(a)(a) A developer or other person in the business of selling real estate who offers a time share for the person's own account to a purchaser shall deliver a time-share disclosure statement to a prospective purchaser in the manner prescribed in
s. 707.47 (1).
707.41(2)(b)
(b) If a time-share property is part of any other real estate venture in connection with the sale of which the delivery of a disclosure statement is required under the laws of this state, a single disclosure statement conforming to the requirements of this section and, if applicable,
ss. 707.42 to
707.45, as those requirements relate to all real estate ventures in which the time-share property is located, and to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing 2 or more disclosure statements.
707.41(3)
(3) Liability for statement. The person who prepared all or a part of the time-share disclosure statement is liable under
ss. 707.47 and
707.57 for any false or misleading statement set forth in, or any omission of material fact from, that portion of the time-share disclosure statement which the person prepared.
707.41(4)
(4) Contents of statement. A time-share disclosure statement shall contain or fully and accurately disclose all of the following:
707.41(4)(a)
(a) A cover sheet bearing the title "Time-Share Disclosure Statement" and the name and principal business address of the developer and the developer's agent, if any, the name and location of the time-share property and the following 3 statements in boldface type or capital letters no smaller than the largest type on the page:
707.41(4)(a)1.
1. THESE ARE THE LEGAL DOCUMENTS COVERING YOUR RIGHTS AND RESPONSIBILITIES AS A TIME-SHARE OWNER. IF YOU DO NOT UNDERSTAND ANY PROVISIONS CONTAINED IN THEM, YOU SHOULD OBTAIN PROFESSIONAL ADVICE.
707.41(4)(a)2.
2. THESE DISCLOSURE MATERIALS GIVEN TO YOU AS REQUIRED BY LAW MAY BE RELIED UPON AS CORRECT AND BINDING. ORAL STATEMENTS MAY NOT BE LEGALLY BINDING.
707.41(4)(a)3.
3. YOU MAY CANCEL IN WRITING ANY CONTRACT FOR THE PURCHASE OF A TIME SHARE, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 5 BUSINESS DAYS FROM THE DATE YOU SIGN THE CONTRACT OR UNTIL 5 BUSINESS DAYS AFTER YOU RECEIVE THE TIME-SHARE DISCLOSURE STATEMENT, WHICHEVER IS LATER. IF YOU SO CANCEL THE CONTRACT, YOU ARE ENTITLED TO RECEIVE A FULL REFUND OF ANY DEPOSITS MADE, EXCEPT, IF YOU HAVE USED OR OCCUPIED THE TIME-SHARE PROPERTY FOR MORE THAN 12 HOURS, THE MANAGING ENTITY OR CAMPGROUND OPERATOR MAY SUBTRACT FROM DEPOSITS MADE A REASONABLE CHARGE TO COVER THE LENGTH OF STAY PLUS THE COST FOR DAMAGES TO THE TIME-SHARE PROPERTY DIRECTLY ATTRIBUTABLE TO YOU OR ANY MEMBER OF YOUR PARTY.
707.41(4)(b)
(b) A general description of the time-share property and the time-share units, including the number of units in the time-share property and in any project of which it is a part, and the schedule of commencement and completion of all promised improvements as described in the time-share instrument, promotional materials, advertising and the time-share disclosure statements.
707.41(4)(c)
(c) As to all units owned or offered by the developer in the same project, all of the following:
707.41(4)(c)4.
4. The maximum number of units that may become part of the time-share property.
707.41(4)(c)5.
5. A statement of the maximum number of time shares that may be created or a statement that there is no maximum.
707.41(4)(d)
(d) Copies and a brief narrative description of the significant features of the time-share instrument and any documents, other than plats and plans, referred to in the time-share instrument, copies of any contracts or leases to be signed by the purchaser at closing, and a brief narrative description of any contracts or leases that may be canceled by the association under
s. 707.32.
707.41(4)(e)
(e) The identity of the managing entity and the manner, if any, by which the developer may change the managing entity or its control.
707.41(4)(f)
(f) A current balance sheet and budget for the association, if there is an association, either within or as an exhibit to the time-share disclosure statement. During the 12 months after the date of the first transfer to a purchaser the budget may be a projected budget. The budget shall include all of the following:
707.41(4)(f)1.
1. A statement of who prepared the budget and the budgetary assumptions concerning occupancy and inflation factors.
707.41(4)(f)2.
2. A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement.
707.41(4)(f)4.
4. The projected time-share expenses by category of expenditure, for the time-share units.
707.41(4)(f)5.
5. The projected time-share liability for each time share.
707.41(4)(g)
(g) A description of the nature and purposes of all charges, dues, maintenance fees and other expenses that may be assessed, the current amounts assessed and the method and formula for changes.
707.41(4)(h)
(h) Any services provided by the developer or expenses paid by the developer which the developer expects may become a time-share expense, and the projected time-share liability attributable to each of those services or expenses for each time share.
707.41(4)(i)
(i) Any initial or special fee due from the purchaser at closing and a description of the purpose of, and method of calculating, the fee.
707.41(4)(j)
(j) A statement of the effect on the time-share owners of liens, defects or encumbrances on, or affecting the title to, the time-share units.
707.41(4)(k)
(k) A description of any financing offered by the developer.
707.41(4)(L)
(L) The terms and significant limitations of any warranties provided by the developer, including statutory warranties and limitations on the enforcement of the warranties or on damages.
707.41(4)(m)
(m) If of significance to the time-share units, a statement of any unsatisfied judgments against the managing entity or the developer, the status of any pending suits involving the sale or management of real estate to which the managing entity or the developer or an affiliate of the developer is a defending party, and the status of any pending suits of which the developer has actual knowledge.
707.41(4)(n)
(n) A statement that an amount equal to 50% of the deposits, as defined in
s. 707.49 (1) (b), made in connection with the purchase of a time share will be held in an escrow account, except as provided in
s. 707.49 (4), until all of the events listed in
s. 707.49 (3) (b) 3. have occurred or any later time specified in the contract to purchase the time share, and that the full amount of the deposit, minus any amount that may be withheld under
s. 707.47 (6) (b), will be returned to the purchaser if the purchaser cancels the contract under
s. 707.47.
707.41(4)(o)
(o) Any restraints on transfer of time shares or portions of time shares.
707.41(4)(p)
(p) A description of the insurance coverage provided for the benefit of time-share owners in accordance with
s. 707.35.
707.41(4)(q)
(q) Any current or expected fees or charges to be paid by time-share owners for the use of any facilities related to the project.
707.41(4)(r)
(r) The extent to which financial arrangements have been provided for completion of all promised improvements as described in the time-share instrument, promotional materials, advertising and the time-share disclosure statements.
707.41(4)(s)
(s) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other time-share owners of the same time-share unit.
707.41(4)(t)
(t) A description of the rights and remedies provided in the time-share instrument to a time-share owner who is prevented from enjoying exclusive occupancy of a time-share unit by others, or a statement that there are none provided in the time-share instrument.
707.41(4)(u)
(u) All unusual and material circumstances, features and characteristics of the project.
707.41 History
History: 1987 a. 399.
707.42
707.42
Exchange or reciprocal program; additional requirements. 707.42(1)(a)
(a) "Exchange company" means a person operating an exchange program.
707.42(1)(b)
(b) "Exchange program" means an arrangement where time-share owners exchange occupancy rights among themselves or with time-share owners of other time-share units or both.
707.42(1)(c)
(c) "Reciprocal program" means an arrangement allowing a campground member to use one or more campgrounds, the owners of which are persons other than the campground operator who entered into the campground contract with the campground member.
707.42(2)
(2) Exchange program; disclosures. If time-share owners are permitted or required to become members of or to participate in an exchange program, the time-share disclosure statement or a supplement delivered with the statement shall contain or fully and accurately disclose, in addition to the information required by
s. 707.41 (4) and, if applicable,
ss. 707.43 to
707.45, all of the following information:
707.42(2)(a)
(a) Whether membership or participation in the exchange program by a time-share owner is voluntary or mandatory.
707.42(2)(b)
(b) The name and address of the exchange company, whether the exchange company is an affiliate of the developer, and whether the exchange company or any of its officers or directors has any legal or beneficial interest in any developer or manager of any time-share property participating in the exchange program.
707.42(2)(c)
(c) The names of all officers, directors and shareholders owning 5% or more of the outstanding stock of the exchange company.
707.42(2)(d)
(d) The terms and conditions of the contractual relationship between the time-share owner and the exchange company.
707.42(2)(e)
(e) The procedures whereby the contractual relationship between the time-share owner and the exchange company may be changed or terminated, and whether it may be terminated or otherwise affected by action or inaction of the developer or the managing entity or by other factors beyond the control of the time-share owner.
707.42(2)(f)
(f) A complete and accurate description of all limitations, restrictions or priorities used in the operation of the exchange program, including limitations on exchanges based on the season, unit size or levels of occupancy, expressed in boldface type, and if the limitations, restrictions or priorities are not uniformly applied by the exchange program, a clear description of the manner in which they are applied.
707.42(2)(g)
(g) The procedures to qualify for and effectuate exchanges and the manner in which exchanges are arranged by the exchange company.
707.42(2)(h)
(h) Whether exchanges are arranged on a space-available basis and whether the exchange program guarantees fulfilling specific requests for exchanges.
707.42(2)(i)
(i) Whether and under what circumstances a time-share owner, in dealing with the exchange company, may lose the use and occupancy of the time share in an exchange which the time-share owner properly applied for without being provided with substitute accommodations by the exchange company.
707.42(2)(j)
(j) The fees or range of fees for participation by time-share owners in the exchange program, a statement of whether the fees may be altered by the exchange company and the circumstances under which changes in the fees may be made.
707.42(2)(k)
(k) The name and address of the site of each time-share property, accommodation or facility that is participating in the exchange program.
707.42(2)(L)
(L) The number of units in each time-share property participating in the exchange program that are available for occupancy and that qualify for participation in the program, expressed with the following numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over.
707.42(2)(m)
(m) The number of time-share owners with respect to each time-share property who are eligible to participate in the exchange program expressed within the following numerical groups: 1-100, 101-249, 250-499, 500-999, and 1,000 and over.
707.42(2)(n)
(n) The disposition made by the exchange company of time shares deposited with the exchange program by time-share owners eligible to participate in the exchange program and not used by the exchange company in effecting exchanges.
707.42(2)(o)
(o) All of the following information, which shall be independently audited by an independent, certified public accountant or accounting firm in accordance with generally accepted accounting principles:
707.42(2)(o)1.
1. The number of time-share owners eligible to participate in the exchange program and a description of the relationship between the exchange company and time-share owners as either fee-paying or gratuitous.
707.42(2)(o)2.
2. The number of time-share properties, accommodations or facilities eligible to participate in the exchange program, categorized by those having a contractual relationship between the developer or the managing entity and the exchange company and those having solely a contractual relationship between the exchange company and time-share owners directly.
707.42(2)(o)3.
3. The percentage of confirmed exchanges, which shall be the number of exchanges confirmed by the exchange company divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for and the statement specified in
sub. (4).
707.42(2)(o)4.
4. The number of time shares for which the exchange company has an outstanding obligation to provide an exchange to a time-share owner who relinquished a time share during the year in exchange for a time share in any future year.
707.42(2)(o)5.
5. The number of exchanges confirmed by the exchange company during the year.
707.42(3)
(3) Delivery. If an exchange company offers an exchange program directly to the purchaser or time-share owner, the exchange company shall deliver to each purchaser or time-share owner the information set forth in
sub. (2). This subsection does not apply to any renewal of the contract between a time-share owner and an exchange company, unless there are material changes in the information required by
sub. (2) adversely affecting the interests of the time-share owner.
707.42(4)
(4) Boldface statement. Each exchange company offering an exchange program to purchasers in this state shall include the following statement in boldface type on all promotional brochures, pamphlets, advertisements or other materials disseminated by the exchange company which also contain the percentage of confirmed exchanges described in
sub. (2) (o) 3.: THE PERCENTAGE OF CONFIRMED EXCHANGES IS A SUMMARY OF THE EXCHANGE REQUESTS ENTERED WITH THE EXCHANGE COMPANY IN THE PERIOD REPORTED. THE PERCENTAGE OF CONFIRMED EXCHANGES DOES NOT INDICATE A PURCHASER'S PROBABILITIES OF BEING CONFIRMED TO ANY SPECIFIC CHOICE OR RANGE OF CHOICES, SINCE AVAILABILITY AT INDIVIDUAL LOCATIONS MAY VARY.
707.42(5)
(5) Misrepresentation in exchange company information; representations by developer. 707.42(5)(a)(a) If the developer relies in good faith on information provided by others in making disclosures required by this section, the developer shall be responsible for a misrepresentation based upon that information only if the developer has knowledge of its falsity.
707.42(5)(b)
(b) Except for written information provided to the developer by the exchange company, an exchange company is not liable for any of the following:
707.42(5)(b)1.
1. Representations made by the developer relating to the exchange program or the exchange company.
