Tex. Prop. Code Section 221.110
Deceptive Trade Practices


A person subject to this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Sections 17.46 (Deceptive Trade Practices Unlawful)(a) and (b), Business & Commerce Code, by engaging in any of the following acts:

(1)

failing to disclose information as required by this subchapter;

(2)

making false or misleading statements concerning:

(A)

the existence of an offer related to the purchase or rent of a timeshare interest;

(B)

the likelihood of the completion or the time necessary to complete any sale, rental, transfer, or termination of a timeshare interest;

(C)

the value of a timeshare interest;

(D)

the current or future costs, including assessments, maintenance fees, or taxes, of owning a timeshare interest;

(E)

the method by which or source from which a timeshare interest owner’s name, address, telephone number, or other contact information was obtained;

(F)

the identity of the person providing services to facilitate the transfer or termination of a timeshare interest or any affiliate, agent, or third-party representative of that person;

(G)

the terms and conditions under which services to facilitate a transfer or termination of a timeshare interest are offered;

(H)

the willingness of a developer, association, or managing entity to:
(i)
agree to the transfer or termination of a timeshare interest; or
(ii)
execute instruments necessary to transfer or terminate the timeshare interest; or

(I)

the manner in which consideration or reimbursements paid by a timeshare interest owner will be used or applied;

(3)

encouraging or inducing a timeshare interest owner to stop paying the developer, the association, or the managing entity in violation of a contract with or any other legally enforceable obligation to the developer, the association, or the managing entity before the completion of a transfer or termination; or

(4)

receiving or collecting consideration for or reimbursement related to the facilitation of the transfer of a timeshare interest before the timeshare interest owner receives the documents described by Sections 221.105 (Disclosures Relating to Payment of Fees for Transfer Services)(1) and (2).
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.

Source: Section 221.110 — Deceptive Trade Practices, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­221.­htm#221.­110 (accessed Apr. 29, 2024).

221.001
Short Title
221.002
Definitions
221.003
Applicability
221.004
Conflicts of Law
221.011
Declaration
221.012
Conveyance and Encumbrance
221.013
Common Ownership
221.014
Partition
221.021
Registration Required
221.022
Application for Registration
221.023
Amendment of Registration
221.024
Powers of Commission
221.025
Effect of Registration on Other Laws: Exemption from Certain Laws
221.026
Issuance and Renewal of Registration
221.027
Temporary Suspension
221.028
Denial of Registration Renewal
221.031
Advertisements and Promotions
221.032
Timeshare Disclosure Statement
221.033
Exchange Disclosure Statement
221.034
Exempt Offerings and Dispositions
221.035
Supervisory Duties of Developer
221.036
Developer Preparation and Completion of Documents
221.037
Alternative Terminology or Name
221.041
Purchaser’s Right to Cancel
221.042
Notice
221.043
Contract Requirements
221.051
Operation Requirement
221.052
Liability of Developer and Exchange Company
221.053
Exchange Company Liability
221.061
Escrow or Trust Account Required
221.062
Release of Escrow
221.063
Alternative to Escrow or Trust Account: Financial Assurance
221.064
Documentation Required
221.071
Deceptive Trade Practices
221.072
Insurance
221.073
Penalty
221.074
Annual Timeshare Fee and Expense Statement
221.075
Civil Penalty for Late Statement
221.076
Managing Entities that Manage More than One Timeshare Property
221.077
Availability of Books and Records
221.081
Applicability
221.082
Powers and Limitations of Board
221.083
Period of Developer Control
221.084
Election of Initial Board Members and Officers
221.085
Removal of Board Members
221.086
Quorum
221.087
Votes
221.088
Open Meetings
221.089
Notice
221.090
Duties
221.101
Transfer or Termination of Timeshare Interest
221.102
Applicability
221.103
General Disclosures Required
221.104
Disclosure of Authorized Use of Timeshare Interest
221.105
Disclosures Relating to Payment of Fees for Transfer Services
221.106
Required Notice for Transfer Services
221.107
Required Notice for Termination Services
221.108
Reliance
221.109
Duty of Good Faith Regarding Transfer or Termination Services
221.110
Deceptive Trade Practices
221.111
Supervisory Duties
221.0245
Complaint Investigation

Accessed:
Apr. 29, 2024

§ 221.110’s source at texas​.gov