Section 34-41-1.01. – Short title.
§ 34-41-1.01. Short title. This chapter may be cited as the “Rhode Island Real Estate Time-Share Act”. History of Section.P.L. 1984, ch. 141, § 2.
Section 34-41-1.02. – Definitions.
§ 34-41-1.02. Definitions. In any time-share instrument, unless specifically provided otherwise or the context otherwise requires, and in this chapter: (1) “Affiliate of a developer” means any person who controls, is controlled by, or is under common control with a developer. A person “controls” a developer if the person (i) is a general partner, officer, […]
Section 34-41-1.03. – Status and taxation of time-share estates.
§ 34-41-1.03. Status and taxation of time-share estates. (a) Except as expressly modified by this chapter and notwithstanding any contrary rule of common law, a grant of an estate in a unit conferring the right of possession during a potentially infinite number of separated time periods creates an estate in fee simple having the character […]
Section 34-41-1.04. – Variation by agreement.
§ 34-41-1.04. Variation by agreement. Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A developer may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this […]
Section 34-41-1.05. – Unconscionable agreement or term of contract.
§ 34-41-1.05. Unconscionable agreement or term of contract. (a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any […]
Section 34-41-1.06. – Obligation of good faith.
§ 34-41-1.06. Obligation of good faith. Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement. History of Section.P.L. 1984, ch. 141, § 2.
Section 34-41-1.07. – Remedies to be liberally administered.
§ 34-41-1.07. Remedies to be liberally administered. (a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in […]
Section 34-41-1.08. – Supplemental general principles of law applicable.
§ 34-41-1.08. Supplemental general principles of law applicable. The principles of law and equity, including the law of corporations (and unincorporated associations), the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause […]
Section 34-41-1.09. – Conflicts with other statutes.
§ 34-41-1.09. Conflicts with other statutes. This chapter shall be the sole law of this state governing the creation and disposition of time shares. In the event of any conflict between this chapter and chapters 36, 36.1 or 38 of this title, the provisions of this chapter prevail, but this chapter does not invalidate or […]
Section 34-41-1.10. – [Reserved.]
§ 34-41-1.10. [Reserved.]
Section 34-41-1.11. – Applicability.
§ 34-41-1.11. Applicability. (a) This chapter applies to all time shares created in units within this state after May 7, 1984. Sections 34-41-1.03 (Status and Taxation of Time-Share Estates), 34-41-1.08 (Supplemental General Principles of Law Applicable), 34-41-1.05 (Unconscionable Agreement or Term of Contract), 34-41-1.06 (Obligation of Good Faith), 34-41-1.07 (Remedies to be Liberally Administered), 34-41-2.04 […]
Section 34-41-1.12. – Severability.
§ 34-41-1.12. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable. […]