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A Tennessee timeshare developer begins offering units at a new resort in Pigeon Forge before completing the TREC registration process, claiming the registration is 'just a formality.' Under the Tennessee Timeshare Act, which of the following best describes the developer's situation?

Correct Answer

B) The developer is in violation of the Tennessee Timeshare Act and may be subject to TREC disciplinary action

The Tennessee Timeshare Act, Tenn. Code Ann. § 66-32-101 et seq., requires timeshare projects to be registered with TREC before any sales or marketing activity begins. Offering units prior to registration is a direct violation of the Act and exposes the developer to TREC disciplinary action, including fines and cease-and-desist orders. Registration is a prerequisite, not a formality.

Answer Options
A
The developer may proceed with sales as long as all required disclosures are provided to buyers at signing
B
The developer is in violation of the Tennessee Timeshare Act and may be subject to TREC disciplinary action
C
The developer may sell units but must complete registration within 30 days of the first sale
D
The developer only needs TREC registration if the timeshare project has more than ten units

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Related Topics & Key Terms

Key Terms:

timeshareregistrationtrecdeveloper_obligationsviolation

Related Concepts

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A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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