§ 2821 Applicability
§ 2822 Definitions
§ 2823 Seller’s disclosure statement
§ 2824 Cancellation
§ 2825 Contracts
§ 2826 Escrow
§ 2827 Conditions on offering items as an inducement to execute
§ 2828 Unfair trade practices
§ 2829 Enforcement

Terms Used In Delaware Code > Title 6 > Chapter 28 > Subchapter II - Vacation Time-Sharing Plan

  • Accommodations: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room or any other structure which is situated on real property and designed for occupancy by one or more individuals. See Delaware Code Title 6 Sec. 2822
  • Advertising: means the use of media, mail or personal contacts to induce, directly or indirectly, any person to enter into any obligation, acquire any title, interest in or otherwise execute a contract as defined in this section. See Delaware Code Title 6 Sec. 2822
  • Aircraft: includes balloon, airplane, hydroplane and every other vehicle used for navigation through the air. See Delaware Code Title 2 Sec. 301
  • Airperson: includes aviator, pilot, balloonist and every other person having any part in the operation of aircraft while in flight. See Delaware Code Title 2 Sec. 301
  • Arrest: Taking physical custody of a person by lawful authority.
  • Business day: means any day except Sunday or a legal holiday. See Delaware Code Title 6 Sec. 2822
  • Contract: means any written agreement of more than 1 year's duration, executed in whole or in part within the State which grants to a purchaser the rights and obligations of a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dependent: A person dependent for support upon another.
  • Developer: means the person creating a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Document: means :

    a. See Delaware Code Title 6 Sec. 17-101

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facilities: means any structure, service, improvement or real property, whether improved or unimproved, which is made available to the purchasers of a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Laser pointer: means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item or object. See Delaware Code Title 2 Sec. 301
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offer: means any offer, solicitation, advertisement or inducement to execute a contract. See Delaware Code Title 6 Sec. 2822
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Passenger: includes any person riding in an aircraft but having no part in its operation. See Delaware Code Title 2 Sec. 301
  • Person: means any individual, corporation, partnership, company, unincorporated association or any other legal entity other than a government or agency or a subdivision thereof. See Delaware Code Title 6 Sec. 2822
  • Purchaser: means any person who is buying or who has bought a time-share period in a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reciprocal program: means any arrangement under which a purchaser is permitted to use time-share units or facilities in 1 or more time-sharing plans' locations not owned by the seller with whom the purchaser has entered into a contract. See Delaware Code Title 6 Sec. 2822
  • Salesperson: means an individual, other than a seller, who offers to sell a contract by means of a direct sales presentation, but does not include a person who merely refers a prospective purchaser to a sales person without making any direct sales presentation. See Delaware Code Title 6 Sec. 2822
  • Seller: means any developer, or any other person, or agent or employee thereof, who offers time-share periods for sale to the public in the ordinary course of business, except persons who have acquired a time-share period for their own occupancy and later offer it for resale. See Delaware Code Title 6 Sec. 2822
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
  • Time-share period: means that period of time during which a purchaser of a time-sharing plan is entitled to possession and use of the accommodations or facilities, or both, of a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Time-share unit: means an accommodation or facility of a time-sharing plan which is divided into time-share periods. See Delaware Code Title 6 Sec. 2822
  • Time-sharing plan: means an arrangement, plan, or similar device, whereby a purchaser, in exchange for consideration, receives a right to use accommodations or facilities, or both, for a period of more than 3 years and such use is to occur during specific periods of time which are less than 1 year during any given year within the terms of such arrangement, plan or other device. See Delaware Code Title 6 Sec. 2822
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Venue: The geographical location in which a case is tried.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302