(2) Notice of termination.
If the notice provided under sub. (1)
meets the requirements of s. 704.17
, whichever may be applicable, and s. 704.21
, the notice constitutes both a notice of conversion and notice of termination of tenancy.
(3) Priority of lease.
Nothing in this section permits termination of a lease by a developer in violation of the terms of the lease.
History: 1987 a. 399
Protection of campground interests. 707.51(1)(a)
Except as provided in par. (b)
, the total amount of dues payments in any year required to be paid by a campground member may not be increased over the total amount of dues payments required during the previous year by a percentage greater than the percentage increase in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the previous year, plus 3 percent.
The limit on a dues payment increase provided in par. (a)
does not apply if all of the following occur:
The campground operator proposes an increase greater than the limit.
The campground operator mails a ballot to each campground member to whom the increase would apply, at the campground member's last-known mailing address.
A majority of the campground members who return ballots approve the increase.
(2) Use of dues payments.
Dues payments may not be used for any purposes other than those stated in the campground contract.
(3) Modification of campground rules. 707.51(3)(a)(a)
Except as provided in par. (b)
, with respect to a campground located in this state, the campground operator may not, in any manner that significantly degrades or diminishes the rights of the majority of campground members, adversely modify any campground rules or regulations or adversely modify rights to or the scope or nature of any campground or campground amenity, unless occasioned by unanticipated emergency circumstances, in which case the modifications may be made for a period not to exceed 90 days.
Except as provided in par. (c)
, a campground operator may modify campground rules or regulations, or rights to or the scope or nature of a campground or campground amenity if all of the following occur:
The campground operator mails a ballot to each campground member to whom the modification would apply, at the campground member's last-known mailing address.
A majority of the campground members who return ballots approve the modification.
A campground operator may not under par. (b)
terminate a campground contract or suspend a campground member's right or privilege to use a campground or campground amenities.
History: 1987 a. 399
Campgrounds; breach by member. 707.52(1)(1)
Termination for breach.
A campground operator may not terminate a campground contract because of a campground member's breach of rules or regulations or terms or conditions of the campground contract, other than terms or conditions for installment payments of the purchase price or for dues payments, unless the campground member has been given at least 30 days' prior written notice of the breach and an opportunity within that period to cure the breach, and unless the breach constitutes any of the following:
A threat to others or to the property of others.
A repeated violation of rules or regulations or terms or conditions, after notice has been given of a previous breach.
An unreasonable infringement upon the rights of other campground members.
A campground operator, upon prior written notice, may immediately suspend a campground member's right or privilege to use campgrounds and campground amenities upon a breach of rules or regulations or terms or conditions under sub. (1) (a)
or upon failure to make installment payments of the purchase price or to make dues payments.
(3) Termination; installment payments.
A campground operator may not terminate a campground contract because of a campground member's failure to make installment payments of the purchase price unless the campground member has been given at least 30 days' prior written notice of the breach and an opportunity within that period to cure the breach.
(4) Termination; dues payments.
A campground operator may not terminate a campground contract because of a campground member's failure to make dues payments unless the default continues for more than 6 months.
(5) Reinstating a campground contract.
A campground operator may reinstate a campground contract that was terminated or suspended for failure to make installment payments of the purchase price or dues payments if the campground member pays all delinquent amounts, together with any interest or penalties specified in the campground contract.
(6) No unreasonable forfeiture.
The termination of a campground contract because of a campground member's breach may not result in an unreasonable forfeiture of the amount of the purchase price already paid. During the first 5 years after a campground contract is signed, the campground operator may not retain a forfeiture, as the result of a campground member's breach, in an amount which exceeds that portion of the total purchase price which is equal to the percentage of the number of months the campground contract has been in effect during the first 5-year period plus 20 percent of the total purchase price.
History: 1987 a. 399
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 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 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.
Timeshare Sales: A Consumer Protection Perspective. Fons. Wis. Law. Sept. 2017.
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)
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.