S.D. Admin. R. 20:69:12:36

Current through Register Vol. 51, page 57, November 12, 2024

Section 20:69:12:36 - Unprofessional conduct

A developer or agent of time-share plans or units may not do any of the following:

(1) Use a promotional device without fully disclosing that the device is being used for the purpose of soliciting sales of time-share plans or units;

(2) Misrepresent or deceptively represent a material fact concerning the time-share plans or time-share units, including the following:

(a) The amount or period of time the units and facilities will be available to a purchaser;

(b) The location or locations of the offered units and facilities;

(c) The size, nature, or characteristics of the offered units and facilities;

(d) The rights of a purchaser, if any, to exchange the purchaser's rights to units in one location for rights to units in another location; and

(e) The contents of the contract or the purchaser's rights, privileges, or benefits under the contract;

(4) [(3)] Fail to honor or comply with all provisions of the contract with the purchaser; and

(5) [(4)] Include, in any contract, provisions purporting to waive a right or benefit provided for purchases pursuant to law.

S.D. Admin. R. 20:69:12:36

10 SDR 68, effective 1/1/1984; 12 SDR 102, effective 12/22/1985; 12 SDR 151, 12 SDR 155, effective 7/1/1986; 16 SDR 36, effective 8/29/1989; transferred from § 20:56:20:38, August 16, 1993

General Authority: SDCL 36-21A-89, 43-15B-6.

Law Implemented: SDCL 36-21A-47, 36-21A-71, 43-15B-3, 43-15B-6.