(a) A seller or other person commits a false, misleading, or deceptive act or practice within the meaning of Subsections (a) and (b) of Section 17.46 of the Texas Deceptive Trade Practices-Consumer Protection Act (Article 17.46 et seq., Business & Commerce Code), by engaging in any of the following acts:
- (1) failing to disclose information concerning a timeshare interest required by Subchapter D;
- (2) making false or misleading statements of fact concerning the characteristics of accommodations or amenities available to a consumer;
- (3) predicting specific or immediate increases in the value of a timeshare interest without a reasonable basis for such predictions;
- (4) making false or misleading statements of fact concerning the duration that accommodations or amenities will be available to a consumer;
- (5) making false or misleading statements of fact concerning the conditions under which a purchaser of a timeshare interest may exchange the right to occupy a unit for the right to occupy a unit in the same or another timeshare property;
- (6) representing that a prize, gift, or other benefit will be awarded in connection with a promotion with the intent not to award that prize, gift, or benefit in the manner represented;
- (7) failing to provide a copy of the contract to the purchaser at the time the contract is signed by the purchaser, unless the purchaser requests in writing that the contract be mailed, and the contract is mailed to the purchaser before the end of the next business day;
- (8) failing to provide the annual timeshare fee and expense statement as required by Section 221.074; or
- (9) furnishing false information in the annual timeshare fee and expense statement as required by Section 221.074.
- (b) The provisions of this section are not exclusive and are in addition to provisions provided for in any other law.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987. Renumbered from Sec. 201.071 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 443, Sec. 6, eff. Sept. 1, 1993.