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Home » US Law » 2022 West Virginia Code » Chapter 36. Estates and Property » Article 9. West Virginia Real Estate Time-Sharing Act

§36-9-3. Scope

(a) This article applies only to time-sharing plans consisting of more than seven time-sharing periods other than condominium fee ownership time-sharing plans, except that sections six, ten, eleven, twelve, thirteen, seventeen, twenty, twenty-one, twenty-three, twenty-four, twenty-five and twenty-six of this article shall apply to all time-sharing plans. (b) All time-sharing accommodations or facilities which are […]

§36-9-4. Definitions

As used in this article: (a) "Accommodations" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room or any other private or commercial structure which is situated on real property and designed for occupancy by one or more individuals; (b) "Assessment" means the share of funds required for the payment of common […]

§36-9-5. Contracts for Purchase of Time-Share Periods

No seller of a time-sharing plan shall fail to utilize, and furnish each purchaser of such plan a fully completed copy of, a contract pertaining to such sale, which contract shall include the following information: (a) The actual date the contract is executed by all parties; (b) The names and addresses of the seller, the […]

§36-9-6. Public Offering Statement

Each developer shall file with the division a complete copy of the public offering statement to be used in the sale of the time-share periods. Until the division approves such filing, any contract regarding the sale of the time-sharing plan which is the subject of the public offering statement shall be voidable by the purchaser. […]

§36-9-7. Escrow Accounts; Surety Bonds; Nondisturbance Instruments

(a) It is a violation of this article for a seller of a time-sharing plan to fail to: (1) Place one hundred percent of all funds which are received from purchasers of such time-sharing plan in an escrow account during the ten-day cancellation periods provided for by this chapter. The establishment of such an escrow […]

§36-9-8. Reservation Agreements; Escrows

(a) (1) Prior to filing the public offering statement with the division a seller shall not offer a time-sharing plan for sale but may accept reservation deposits upon approval by the division of a fully executed escrow agreement and reservation agreement property filed with the division. (2) Reservations shall not be taken on a time-sharing […]

§36-9-9. Cancellation

No seller shall: (a) Fail to honor the request of a purchaser to cancel a contract made between the seller and purchaser pertaining to the sale of a time-sharing plan if the request is made as provided in the contract; (b) Misrepresent in any manner the purchaser's right to cancel; (c) Fail to refund all […]