§ 42-103rr — Exchange company. Liability exceptions.

(a) An exchange company may employ seasonal demand and unit occupancy restrictions in the operation of its exchange program. (b) A developer shall not incur any liability arising out of the use, delivery or publication to a purchaser of written information or audio-visual materials provided to such developer by the exchange company in accordance with section 42-103nn , unless the developer knows or has reason to know that the materials are inaccurate or false. (c) No exchange company shall have any liability with respect to any violation under sections 42-103cc to 42-103ddd , inclusive, arising out of the use by a developer of information relating to an exchange program other than that provided to the developer by the exchange company. (d) An exchange company may elect to deny exchange privileges to any purchaser whose use of the accommodations of the purchaser's time share plan is denied, and no exchange program or exchange company shall be liable to any of its members or third parties on account of any such denial of exchange privileges. (e) Except for written information or audio-visual materials provided to a developer by an exchange company, an exchange company shall not incur liability as a result of (1) a representation made by a developer that relates to any exchange program or exchange company, or (2) the use, delivery or publication by a developer of information that relates to an exchange program or exchange company.

Legislative History

(P.A. 09-156, S. 16.) History: P.A. 09-156 effective January 1, 2010.