Code of Alabama
Article 3 - Vacation Time-Sharing Plans.
Section 34-27-55 - Acts Constituting Violation of Article - Failure to Refund All Payments; Failure to Place All Funds in Escrow Account.

It shall be a violation of this article for a seller of vacation time-sharing plans to:
(1) Fail to refund any and all payments made by the buyer under the contract and return any negotiable instrument, other than checks, executed by the buyer in connection with the contract or services within 20 days after receipt of notice of cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits pursuant to the contract.
(2) If the buyer has received any benefits pursuant to the contract, fail to refund within 30 days after receipt of notification of cancellation made pursuant to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller which exceed a pro rata portion of the total price, taking into consideration the cost of use of the time-share facilities at an average rental rate per unit for all time-share units, representing the proportion of any contract benefits actually received by the buyer during the time preceding cancellation.
(3) Fail to place in an escrow account 100 percent of the funds received from the purchasers of such plans, where the seller of the time-sharing plan transfers an interest herein to the purchaser, which escrow account shall provide that:
a. Its purpose is to protect the buyer's right to refund during the five day right to cancellation period provided in Section 34-27-53 or Section 34-27-54, and
b. Funds may be withdrawn by the seller upon transfer to the buyer after expiration of the respective cancellation period provided in such Sections 34-27-53 and 34-27-54.

Structure Code of Alabama

Code of Alabama

Title 34 - Professions and Businesses.

Chapter 27 - Real Estate Brokers.

Article 3 - Vacation Time-Sharing Plans.

Section 34-27-50 - Definitions.

Section 34-27-51 - Acts Constituting Violation of Article - Sell, etc.; Without License; Failure to Provide Certain Documents at Time of Registration; Failure to Follow Rules of Advertising.

Section 34-27-52 - Acts Constituting Violation of Article - Failure to Keep Certain Items Among Business Records.

Section 34-27-53 - Acts Constituting Violation of Article - Failure to Utilize, etc., Fully Completed Copy of Contract.

Section 34-27-54 - Acts Constituting Violation of Article - Failure, etc., to Honor Buyer's Request to Cancel Contract.

Section 34-27-55 - Acts Constituting Violation of Article - Failure to Refund All Payments; Failure to Place All Funds in Escrow Account.

Section 34-27-56 - Acts Constituting Violation of Article - Misrepresentation.

Section 34-27-57 - Acts Constituting Violation of Article - Sell, etc., Interest in Plan to Third Person That Substantially Affects Rights of Other Owners.

Section 34-27-58 - Acts Constituting Violation of Article - Failure to Place 50 Percent of Cash, etc., Received in Escrow; Failure to Provide Liability Insurance, Etc.

Section 34-27-59 - Acts Constituting Violation of Article - Failure to Disclose Total Financial Obligation, etc., in Contract.

Section 34-27-60 - Acts Constituting Violation of Article - Misrepresentation; Waiver of Rights of Purchasers; Sale, etc., Without License; Bad Checks.

Section 34-27-61 - Hearing; Refusal, Suspension, or Revocation of License; Willful Violation Defined; Escrow Deficiency.

Section 34-27-62 - Enforcement and Implementation of Article; Acts Constituting Misdemeanors; Voidability of Sales of Unregistered Plans, Etc.

Section 34-27-63 - Filing of Plan Relating to Units Not Substantially Completed Requires Filing of Additional Documents.

Section 34-27-64 - Registration Fees; Assessment of Costs of Investigating Violation of Article.

Section 34-27-65 - Proceeds From Sale, etc., of Lease Plan Exempt From Transient Occupancy Tax.

Section 34-27-66 - Examination and License Requirements; Issuance and Renewal of License; Inactive Status; Change of Address.

Section 34-27-67 - Registration Required of Every Plan Offered for Sale.

Section 34-27-68 - Commission May Seek Injunctive Relief, etc., for Violation of Article; Investigation; Revocation of Registration.

Section 34-27-69 - Surety Bond; Suspension, etc., of License for Violation of Article; Reinstatement; Relicensure; Board Must Be Notified of Initiation, etc., of Legal Action.