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A resort in Nashville, Tennessee wants to begin selling timeshare interests but has not yet submitted its registration application to TREC. The resort's owner asks a licensed Tennessee affiliate broker to begin contacting potential buyers and scheduling preview tours to 'build a waitlist' before the registration is approved. Under the Tennessee Timeshare Act, which statement best describes this situation?

Correct Answer

C) Marketing and promotional activities for an unregistered timeshare project are prohibited under the Tennessee Timeshare Act, not just the actual sale

The Tennessee Timeshare Act, Tenn. Code Ann. § 66-32-101 et seq., prohibits both the sale and the marketing or promotion of timeshare interests before the project is registered with TREC. 'Building a waitlist' through preview tours and buyer contacts constitutes marketing activity and is therefore prohibited prior to TREC registration. The affiliate broker who participates in unregistered timeshare marketing could face disciplinary action from TREC.

Answer Options
A
Building a waitlist through preview tours is permissible because it does not constitute a 'sale' under the Tennessee Timeshare Act
B
The affiliate broker may conduct preview tours only if no purchase agreements are signed until after TREC registration is complete
C
Marketing and promotional activities for an unregistered timeshare project are prohibited under the Tennessee Timeshare Act, not just the actual sale
D
The affiliate broker may proceed because the registration requirement applies to the developer, not to the individual licensee conducting tours

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Related Topics & Key Terms

Key Terms:

timesharepre_registration_marketingtrecaffiliate_brokerdeveloper_obligations

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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