Tennessee Code Annotated
Tenn. Code Ann. § 66-32-114 (2024)
Mutual rights of cancellation
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The contract is voidable by the purchaser until the purchaser has received the public offering statement. The contract is also voidable by the purchaser for ten (10) days from the date of the signing of the contract by the purchaser if the purchaser shall have made an on-site inspection of the time-share project or any component site prior to the signing of the contract, and if the purchaser did not make an on-site inspection of the time-share project or any component site prior to signing the contract, for fifteen (15) days thereafter. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded within thirty (30) days after receipt of the notice of cancellation as provided in subsection (c).
- (b) During the applicable rescission period, the developer may cancel the contract of purchase without penalty to either party. The developer shall return all payments due, the purchaser shall return all material received in good condition, reasonable wear and tear excepted. If such materials are not returned, the developer may deduct the cost of the same and return the balance to the purchaser.
- (c) If either party elects to cancel a contract pursuant to subsection (a) or (b), then that party may do so by:
- (1) Hand delivering notice of cancellation to the other party within the designated period for voiding the contract;
- (2) Mailing notice of cancellation by prepaid United States mail, postmarked anytime within the designated period for voiding the contract, to the other party or to the other party's agent for service of process; or
- (3) Sending notice of cancellation via electronic mail, time stamped within the designated period for voiding the contract to the other party.
- (d) The purchaser and the developer shall not waive the rescission rights set forth in subsections (a) and (b).
Amended by 2022 Tenn. Acts, ch. 835, s 1, eff. 1/1/2023.
Amended by 2019 Tenn. Acts, ch. 147, s 1, eff. 4/17/2019.
Acts 1981, ch. 372, § 15; T.C.A., § 64-3215; Acts 1983, ch. 210, § 5.
Notes of Decisions
Cited in 1
case, 2015–2015 · leading case: Nathan B. Overton v. Westgate Resorts, LTD., L.P., No. E2014-00303-COA-R3-CV, 2015 WL 399218 (Tenn. Ct. App. Jan. 30, 2015).
Nathan B. Overton v. Westgate Resorts, LTD., L.P., No. E2014-00303-COA-R3-CV, 2015 WL 399218 (Tenn. Ct. App. Jan. 30, 2015). “” Tenn. Code Ann. § 66-32-114 (2004). We agree with the trial court’s finding that Westgate willfully violated Tennessee Code Annotated §§ 66-32-112 and -114.”
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