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Practice Of Real EstateState SpecificMEDIUM

A timeshare resort in Chattanooga, Tennessee offers both deeded ownership interests and right-to-use timeshare interests. The resort's compliance officer argues that right-to-use interests are not 'real property' and therefore are not subject to the Tennessee Timeshare Act's registration and disclosure requirements. Under Tennessee law, which statement best addresses this argument?

Correct Answer

D) The Tennessee Timeshare Act applies to both deeded ownership interests and right-to-use timeshare interests, regardless of whether they are classified as real property

The Tennessee Timeshare Act, Tenn. Code Ann. § 66-32-101 et seq., defines 'timeshare interest' broadly to include both deeded ownership interests and right-to-use arrangements. The Act's registration, disclosure, and rescission requirements apply to all timeshare interests sold in Tennessee, regardless of whether they are characterized as real property or personal property. The compliance officer's argument is not supported by Tennessee law.

Answer Options
A
Right-to-use timeshare interests are regulated by the Tennessee Department of Commerce and Insurance, not TREC
B
The Tennessee Timeshare Act applies only to projects with more than 25 units, so smaller right-to-use programs may be exempt
C
The compliance officer is correct; only deeded timeshare interests constitute real property and require TREC registration
D
The Tennessee Timeshare Act applies to both deeded ownership interests and right-to-use timeshare interests, regardless of whether they are classified as real property

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Related Topics & Key Terms

Key Terms:

timeshareright_to_usedeeded_interesttrec_jurisdictionscope_of_act

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