§ 557A.16 — Enforcement and cause of action

Iowa § 557A.16

• Jurisdiction: Iowa
• Title XIV: PROPERTY
• Ch. 557A: TIME-SHARES

Text

1. Violationsofthischapter,unfairmethodsofcompetition,anddeceptiveorunfairactsor
practices, in the offer or sale of a time-share are unlawful. Enforcement shall be as provided
in section 714.16. The terms “unfair methods of competition” and “deceptive or unfair acts or
practices” include, but are not limited to, the following acts:
a. Misrepresenting or failing to disclose any material fact concerning a time-share.
b. Failing to honor and comply with all provisions of a time-share instrument entered into
with a purchaser.
c. Includinganytime-shareinstrumentprovisionspurportingtowaiveanyrightorbenefit
provided for purchasers under this chapter.
d. Receiving from a prospective purchaser any money or other valuable consideration
before the purchaser signs a time-share instrument.
e. Misrepresenting the amount of time or period of time the time-share unit will be
available to a purchaser.
f. Misrepresenting the location of the offered time-share unit.
g. Misrepresenting the size, nature, extent, qualities, or characteristics of the offered
time-share unit.
h. Misrepresenting the nature or extent of any services incident to the time-share unit.
i. Misrepresenting the conditions under which a purchaser may exchange occupancy
rights to a time-share unit in one location for occupancy rights to a time-share unit in
another location.
2. If a developer or any other person subject to this chapter violates any provision of
this chapter or any provision of the project or time-share instruments, any person or class
of persons damaged or otherwise adversely affected by the violation shall have a claim for
appropriate relief, which shall be brought in the county in which the time-share project is
located or was offered or sold, in which the time-share offeror or time-share salesperson
resides or is doing business upon tender of the time-share interest sold, or in which the
contract was made. The court may order the developer or other person subject to this chapter
torefundthepurchaserthefullamountpaidbythepurchaser, withprejudgmentinterest, less
a portion of the amount paid representing the portion of any benefit the purchaser actually
receivedorhadtherighttoreceiveduringthetimeprecedingthetender. Inallcases,thecourt
may provide equitable relief it considers necessary or proper. The court may also award the
person or class of persons reasonable attorney’s fees. This action does not limit any other
remedy of the purchaser.