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West Virginia Timeshare Laws?

csxjohn

TUG Review Crew: Expert
TUG Member
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Apr 25, 2012
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Location
North East Ohio
Resorts Owned
Tropic Shores Resort, Bluegreen points
I saw this in an eBay listing and wonder what kind of law or laws WV has that will keep a company from selling timeshares in that state.

NOTE: Due to current timeshare regulations in the state of WV we do not accept buyers from that state!


Does anyone have any knowledge?
 
Well there is this one I found on the ARDA website that was enacted May 2013. It allows the courts to intervene in timeshare sales and resales and allows the state to issue a civil penalties if it finds violations.
(B) If a developer, exchange program, seller or other person fails to pay the civil penalty, the division shall thereupon issue an order directing that such developer, exchange program, seller or other person cease and desist from further operation until such time as the civil penalty is paid...
 
Well there is this one I found on the ARDA website that was enacted May 2013. It allows the courts to intervene in timeshare sales and resales and allows the state to issue a civil penalties if it finds violations.

Good detective work.

As I started reading it I wondered how WV has any jurisdiction on TSs out side the state then I came across this.

(b) All time-sharing accommodations or facilities which are
8 located outside the state but offered for sale in this state shall be
9 subject to all of the provisions of this article except sections
10 eleven through sixteen and twenty through twenty-two.


So I see about enforcing the provisions but don't really see what's prohibited. It doesn't really matter to me since I don't live there but I can see where people skirting the law on TSs would steer clear of this state.

I also have to wonder if privately selling to someone in WV could create a problem since the word "seller" is included in those under the jurisdiction of this law.
 
After your reply I looked a ARDA and found this.

http://www.arda.org/arda/government-affairs/issues.aspx?id=4094

Impact
HB 2842 clarifies that Section 36-9-23 of the timeshare law allows the division of land sales and condominiums in the Auditor's Office to enforce and ensure compliance with the law. The change was prompted by an unusual number of complaint referrals from the Attorney General about a year ago. Most of the complaints dealt with timeshare resale issues.

Now I have another question.

Is this an attempt by Wyndham and the other developers under the mask of ARDA to limit the resale of timeshares, not only in WV, but other places as well?
 
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