TN Timeshare Flashcards

1
Q

What is the Tennessee Real Estate Commission (TREC)

A

The JUDICIAL Body of the Real Estate industry of Tennessee

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2
Q

Following discriminatory practice, you should make complaint within () days

A

180

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3
Q

What is a time share estate?

A

Ownership or leasehold estate in property devoted to a timeshare fee, tenants in common, time span ownership, interval ownership, and a time share lease

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4
Q

What is an acquisition agent?

A

Licensed and attempts directly to encourage any person to attend a sales presentation for a time share program

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5
Q

What is an exchange agent?

A

Agent for an exchange program

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6
Q

What is a purchaser?

A

Anyone who buys a time share

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7
Q

What is a sales agent?

A

Person acting as a seller of any time share contract (only sell under specific time share developer) anyone who sells a time share

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8
Q

What is a person that sells more than 5 time shares a year that are not their own?

A

Time share resale broker

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9
Q

What is a unit?

A

Real property improvements in a project which is divided into time share intervals

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10
Q

What is a managing agent?

A

Person with management duties and responsibilities and obligations of a time share program

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11
Q

What are time share units?

A

Time share units can be created in any unit unless

1) expressly prohibited by project instruments

Or

2) local governing laws

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12
Q

What should be included on the public offering statement?

A

A.the public offering statement should contain:

*Name of country where property is located

*legal description of property

*identifications of time periods by letter, name and number

*identification of time shares estates and how many units can be time share

*common expenses and voting rights

*any restrictions on use, occupancy, alterations, or alienation of time share units

*ownership interest/maintenance provisions/replacement

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13
Q

() must be provided to each purchaser of a timeshare

A

Public offering statement

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14
Q

When do you have to give a public offering statement? What is the exception?

A

Must be provided to each purchaser of a time share

EXCEPTION developer was registered and PO statement was provided to purchaser under Security and Exchange Act etc., then the owner of the property is not requested to provide a public offering statement when conveying to another individual

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15
Q

What is an Escrow of Deposits

A

When a purchaser gives deposit money it is placed in an account of an independent escrow co and held 100% during cancellation period

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16
Q

Active licensees must have () coverage

A

Errors and Omissions

17
Q

I’m the mutual rights of cancellation the contract is voidable by the purchaser or developer until he has received a public offering statement

A

10 days onsite
15 days off site

18
Q

In the disclosure of rescission rights, you may cancel a contract. It must be in boldface and conspicuous type in every () and every ()

A

Public offering statement

Contract for sale below signature

19
Q

Cancellation of contract is without penalty if they follow the disclosure of rescission rights. It must be refunded within () days after receipt of notice.

A

30

20
Q

Misleading advertisement is unlawful

A

True

21
Q

When can the commission issue a cease and desist order?

A

If a developer has not registered a timeshare program.

22
Q

Prize or gift promotional offers are only okay under what 2 circumstances?

A

Under sponsorship and with approval of firm with whom licensee is affiliated

I’m writing signed by licensee with disclosure of all pertinent details

23
Q

What cannot be paid to any person who does not hold a real state license?

A

Cash rebates, cash gifts, and cash prizes

24
Q

If for any reason a guest has not received their gifts within a period of () they may be given the gift or the cash equivalent

A

72 hours

25
Q

What are the powers of the real estate commission

A

They can fine licensees, they can suspend your license, they can refer you to a court of law, their investigators can come by at any time during business hours to see any of your records, and they can close a development