No advertisement, promotion, or offer of a timeshare, vacation club or accommodation right shall:
(1) Contain any representation as to the availability of a resale or rental program offered by or on behalf of the developer or its affiliate unless such resale and/or rental program has been fully described in the developer’s application for a timeshare or vacation club permit submitted to the Company and in the public offering statement furnished to all prospective purchasers.
(2) Contain an offer or inducement to purchase a timeshare, vacation club right or accommodation which purports to be limited as to quantity or restricted as to time unless the quantity and/or time applicable to the offer or inducement is clearly and conspicuously disclosed.
(3) Contain a statement concerning the availability of timeshares, vacation club rights or accommodations at a particular minimum price if the number of such timeshares, vacation club rights or accommodations available at such price comprises less than ten percent (10%) of the remaining unsold inventory of the developer, unless the number of timeshares, vacation club rights or accommodations then for sale at the minimum price is set forth in the advertisement.
(4) Contain any statement that the timeshares, vacation club rights or accommodations being offered for disposition can be further divided.
(5) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement, promotion, or offer.
(6) Misrepresent the size, nature, extent, term of availability, qualities, or characteristics of the accommodations, facilities, incidental benefits, or component sizes of a timeshare plan or vacation club.
(7) Misrepresent or imply that a facility or incidental benefit is available for the exclusive use of owners if a public right of access or of use thereof exists.
(8) Make any misleading or deceptive representation with respect to the contents or nature of the developer’s timeshare or vacation club permit or the purchaser’s or owner’s rights, privileges, benefits, or obligations under his purchase contract or this chapter.
(9) Misrepresent the conditions under which an owner may participate in an exchange program.
(10) Purport that a person’s name resulted through a referral unless the name of the person making the referral can be produced upon demand of the Company.
(11) Describe any proposed or incomplete accommodation, facility, incidental benefit, or component site unless the estimated date of completion, availability, or legal right of access thereto is set forth, and evidence has been presented to the Company that the completion and availability thereof, and/or the legal access thereto, are financially assured within the time frame represented as required by § 1254b of this title.
(12) Describe or portray any accommodation or facility of a timeshare plan or vacation club which is not required to be built unless such description or portrayal is conspicuously labeled or identified as “may not be built” or “proposed”.
(13) Contain a statement that the developer is affiliated with an exchange program if, in fact, no such affiliation exists, or
(14) use any exchange company’s materials, brochures, directories, video tapes, or other literature, advertisements, or promotions without the developer’s being affiliated with such exchange company.
History —Dec. 26, 1995, No. 252, § 7-103.