2019 Tennessee Code
Title 66 - Property
Chapter 32 - Time-Share Programs and Vacation Clubs
Part 1 - Time-Share Act of 1981
§ 66-32-115. Exemptions from requirement of public offering statement.

Universal Citation: TN Code § 66-32-115 (2019)
  • (a) The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following:

    • (1) Securities Act of 1933 (15 U.S.C. § 77a et seq.);

    • (2) Federal Interstate Land Sales Full Disclosure Act (15 U.S.C. § 1701 et seq.) in which the time-share program is made a part of the subdivision that is being registered; and

    • (3) Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers.

  • (b) A public offering statement need not be prepared or delivered in the case of:

    • (1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent;

    • (2) Any disposition pursuant to court order;

    • (3) A disposition by a government or governmental agency;

    • (4) A disposition by foreclosure or deed in lieu of foreclosure;

    • (5) A disposition of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state;

    • (6) A gratuitous transfer of a time-share interval; or

    • (7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.

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