§ 557a-16

557A.16 Enforcement and cause of action. 1. Violations of this chapter, unfair methods of competition, and deceptive or unfair acts or practices, in the offer or sale of a time-share are unlawful. Enforcement shall be as providedin section 714.16. The terms 'unfair methods of competition' and 'deceptive or unfair acts orpractices' include, but are not limited to, the following acts: a. Misrepresenting or failing to disclose any material fact concerning a time-share.b. Failing to honor and comply with all provisions of a time-share instrument entered into with a purchaser. c. Including any time-share instrument provisions purporting to waive any right or benefit provided for purchasers under this chapter. d. Receiving from a prospective purchaser any money or other valuable consideration before the purchaser signs a time-share instrument. e. Misrepresenting the amount of time or period of time the time-share unit will be available to a purchaser. f. Misrepresenting the location of the offered time-share unit. g. Misrepresenting the size, nature, extent, qualities, or characteristics of the offered time-share unit. h.

available to a purchaser. f. Misrepresenting the location of the offered time-share unit. g. Misrepresenting the size, nature, extent, qualities, or characteristics of the offered time-share unit. h. Misrepresenting the nature or extent of any services incident to the time-share unit.i. Misrepresenting the conditions under which a purchaser may exchange occupancy rights to a time-share unit in one location for occupancy rights to a time-share unit inanother location. 2. If a developer or any other person subject to this chapter violates any provision of this chapter or any provision of the project or time-share instruments, any person or classof persons damaged or otherwise adversely affected by the violation shall have a claim forappropriate relief, which shall be brought in the county in which the time-share project islocated or was offered or sold, in which the time-share offeror or time-share salespersonresides or is doing business upon tender of the time-share interest sold, or in which thecontract was made. The court may order the developer or other person subject to this chapterto refund the purchaser the full amount paid by the purchaser, with prejudgment interest, lessa

in which thecontract was made. The court may order the developer or other person subject to this chapterto refund the purchaser the full amount paid by the purchaser, with prejudgment interest, lessa portion of the amount paid representing the portion of any benefit the purchaser actuallyreceived or had the right to receive during the time preceding the tender. In all cases, the courtmay provide equitable relief it considers necessary or proper. The court may also award theperson or class of persons reasonable attorney’s fees. This action does not limit any otherremedy of the purchaser. 85 Acts, ch 155, §16Referred to in §557A.3 Sat Dec 23 11:05:11 2023 Iowa Code 2024, Section 557A.16 (16, 0)