2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter II. Vacation Time-Sharing Plan › § 2823. Seller's disclosure statement.

§ 2823. Seller's disclosure statement.
(a) Every seller, salesperson, or other person who is in the business of offering for sale time-sharing plan contracts for a fee shall deliver to a purchaser a current seller's disclosure statement before execution by the purchaser of the contract and no later than the date shown on such contract.
(b) The seller's disclosure statement shall consist of the following:
(1) A cover page containing:
a. The words, “Vacation Time-Sharing Plan Seller's Disclosure Statement,” printed in boldfaced type of a minimum size of 10 points, followed by,
b. The name and principal business address of the seller followed by,
c. A statement that the seller is in the business of offering for sale contracts, followed by,
d. The following in printed boldfaced type of a minimum size of 10 points:
THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN THE EXECUTION OF A VACATION TIME-SHARING PLAN CONTRACT. THE VACATION TIME-SHARING PLAN SELLER IS REQUIRED BY LAW TO DELIVER TO YOU A COPY OF THIS DISCLOSURE STATEMENT BEFORE YOU EXECUTE A VACATION TIME-SHARING PLAN. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE PURCHASER SHOULD REVIEW ALL REFERENCES, EXHIBITS, CONTRACT DOCUMENTS, AND SALES MATERIALS. YOU SHOULD NOT RELY UPON ANY ORAL REPRESENTATIONS AS BEING CORRECT. REFER TO THIS DOCUMENT AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS. THE VACATION TIME-SHARING PLAN SELLER IS PROHIBITED FROM MAKING ANY REPRESENTATIONS WHICH CONFLICT WITH THOSE CONTAINED IN THE CONTRACT AND THIS DISCLOSURE STATEMENT.
e. The following language, printed in boldfaced type of a minimum size of 10 points after the appearance of the items required in paragraphs (b)(1)a. through d. of this section:
SHOULD YOU EXECUTE A VACATION TIME- SHARING PLAN CONTRACT, YOU HAVE THE UNQUALIFIED RIGHT TO CANCEL SUCH CONTRACT. THIS RIGHT OF CANCELLATION CANNOT BE WAIVED. THE RIGHT TO CANCEL EXPIRES AT MIDNIGHT ON THE 5th BUSINESS DAY FOLLOWING THE DATE ON WHICH THE CONTRACT WAS EXECUTED. TO CANCEL THE VACATION TIME-SHARING PLAN CONTRACT, YOU AS THE PURCHASER MUST MAIL NOTICE OF YOUR INTENT TO CANCEL BY CERTIFIED MAIL TO THE VACATION TIME-SHARING PLAN SELLER AT THE ADDRESS SHOWN IN THE VACATION TIME SHARING PLAN CONTRACT, POSTAGE PREPAID. THE VACATION TIME- SHARING PLAN SELLER IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID BY YOU IN CONNECTION WITH THE EXECUTION OF THE VACATION TIME SHARING PLAN CONTRACT, UPON YOUR PROPER AND TIMELY CANCELLATION OF THE CONTRACT.
(2) The following information is required after all disclosure statements required in paragraphs (b)(1)a. through e. of this section:
a. The name of the seller and the address of the principal place of business;
b. A brief description of the nature of the purchaser's right or license to use the time-share unit and the facilities which are to be available for use by purchasers;
c. The location of each of the time-share accommodations which is to be available for use by purchasers and a brief description of the facilities at each time-share accommodation which are currently available for use by purchasers. Facilities which are planned, incomplete, or not yet available for use shall be clearly identified as incomplete or unavailable. A brief description of any facilities that are or will be available to nonpurchasers shall also be provided;
d. As to all time-sharing plans offered by sellers:
1. The form of plan offered;
2. The types and duration of plans along with a summary of the major privileges, restrictions and limitations applicable to each type; and
3. Provisions, if any, that have been made for public utilities at each time share unit including water, electricity, telephone and sewer facilities;
e. Any initial or special fee due from the purchaser together with a description of the purpose and method of calculating the fee;
f. A description of any liens, defects or encumbrances affecting the time-share plan;
g. A general description of any financing offered or available through the seller;
h. A statement that the purchaser has until midnight of the fifth business day following the signing of the vacation time-sharing plan contract to cancel the contract by proper notice to the vacation time-sharing plan seller;
i. A description of the insurance coverage that the seller provides for the benefit of purchasers, if any;
j. Any fees or charges that purchasers are or may be required to pay for the use of the time-share unit or any facilities;
k. The extent to which financial arrangements, if any, have been provided for the completion of facilities together with a statement of the seller's obligation to complete planned facilities. The statement shall include a description of any restrictions or limitations on the seller's obligation to begin or to complete such facilities;
l. Any services which the seller currently provides or expenses the seller pays which are expected to become the responsibility of the purchasers, including the projected liability which each such service or expense may impose on each purchaser;
m. A brief description of the ownership in or other right to use the time-share unit which is to be transferred to each purchaser, together with the duration of any lease, license, franchise or reciprocal agreement entitling the seller or the purchasers to use the accommodations, and any provision in any such agreements which restrict or limit a purchaser's use of the time-sharing plan;
n. A summary or copy, whether by way of supplement or otherwise, of the rules, restrictions or covenant regulating the purchaser's use of the time sharing plan and the facilities which are to be available for use by the purchasers, including a statement of whether and how the rules, restrictions, or covenants may be changed;
o. A description of any restraints on the transfer of the vacation time sharing plan contract;
p. A brief description of the policies covering the availability of time-share units, the availability of reservations and the conditions under which they are made;
q. A brief description of any grounds for forfeiture of a purchaser's contract;
r. A statement of whether the seller has the right to withdraw permanently from use all or any portion of any facilities devoted to the time-sharing plan and, if so, the conditions under which such withdrawal is to be permitted; and
s. A statement describing the material terms and conditions of any reciprocal program to be available to the purchaser including a statement concerning whether the purchaser's participation in any reciprocal program is dependent upon the continued affiliation of the operator with that reciprocal program and whether the operator reserves the right to terminate such affiliation.
(c) The seller shall promptly amend the seller's disclosure statements to reflect any material change in the time-sharing plan or its facilities.
67 Del. Laws, c. 433, §  1;  70 Del. Laws, c. 186, §  1;