Washington Code 64.36.020 – Registration required before advertisement, solicitation, or offer — Requirements for registration — Exemption authorized — Penalties
Current as of: 2023 | Check for updates
|
Other versions
(1) A timeshare offering registration must be effective before any advertisement, solicitation of an offer, or any offer or sale of a timeshare may be made in this state.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C felony | up to 5 years | up to $10,000 |
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 64.36.020
- Advertisement: means any written, printed, audio, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer for a timeshare. See Washington Code 64.36.010
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Director: means the director of licensing. See Washington Code 64.36.010
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Offer: means any inducement, solicitation, or attempt to encourage any person to acquire a timeshare. See Washington Code 64.36.010
- Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity. See Washington Code 64.36.010
- Purchaser: means any person, other than a promoter, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare, other than as security for an obligation. See Washington Code 64.36.010
- Service of process: The service of writs or summonses to the appropriate party.
- Timeshare: means a right to occupy a unit or any of several units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land. See Washington Code 64.36.010
(2) An applicant shall apply for registration by filing with the director:
(a) A copy of the disclosure document prepared in accordance with RCW 64.36.140 and signed by the applicant;
(b) An application for registration prepared in accordance with RCW 64.36.030;
(c) An irrevocable consent to service of process signed by the applicant;
(d) The prescribed registration fee; and
(e) Any other information the director may by rule require in the protection of the public interest.
(3) The registration requirements do not apply to:
(a) An offer, sale, or transfer of not more than one timeshare in any twelve-month period;
(b) A gratuitous transfer of a timeshare;
(c) A sale under court order;
(d) A sale by a government or governmental agency;
(e) A sale by forfeiture, foreclosure, or deed in lieu of foreclosure; or
(f) A sale of a timeshare property or all timeshare units therein to any one purchaser.
(4) The director may by rule or order exempt any potential registrant from the requirements of this chapter if the director finds registration is unnecessary for the protection of the public interest.
(5)(a) Except as provided in (b) of this subsection, any person who violates this section is guilty of a gross misdemeanor.
(b) Any person who knowingly violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(c) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.