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:
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.
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.
Misrepresenting the resale value of a time share.
Representing a time share as a financial investment.
Misrepresenting the identity, function, or authority of a salesperson or team of salespersons.
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.
Length of sales presentation.
Misrepresenting the reasonably estimated length of any sales presentation by a salesperson or team of salespersons.
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.
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.
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)
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.
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.
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)(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)
apply to contracts relating to time shares created before June 1, 1988, if the contract is entered into on or after June 1, 1988.
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.
applies to actions relating to time shares created before June 1, 1988, if those actions accrued on or after June 1, 1988.
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.
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.
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.
applies to actions relating to time shares created before June 1, 1988, to the extent the time shares are subject to this chapter.
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)(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.
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