A. A purchaser shall have the right to cancel the contract until midnight of the seventh calendar day following the execution of such contract. If the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel the contract shall expire on the day immediately following that Sunday or legal holiday. Cancellation shall be without penalty, and all payments made by the purchaser before cancellation shall be refunded within 45 days after receipt of the notice of cancellation.
B. If the purchaser elects to cancel a contract pursuant to subsection A, he shall do so only (i) by hand-delivering the notice to the developer at its principal office or at the project or (ii) by mailing the notice by certified United States mail, return receipt requested, to the developer or its agent designated in the contract. Any such notice sent by certified mail shall be effective on the date postmarked.
C. If, because of the occurrence of a material change, the public offering statement is amended between the time of contracting to purchase a time-share and the time of settlement, the developer shall provide the amended public offering statement to the purchaser and the right of cancellation shall renew from the date of delivery of such amended public offering statement. This subsection shall not apply if the public offering statement is amended by the developer because of a change that is not material or to disclose any change that is an aspect or result of the orderly development of the time-share project in accordance with the project instrument.
D. The right to cancel the contract as provided by this section shall not be waivable by the time-share purchaser and any provision in the contract or time-share documents indicating a waiver shall be void.
E. A statement of the purchaser's right of cancellation as set forth in subsections A and B shall appear in the contract above the purchaser's signature line. Such statement shall appear in type no smaller than any other provisions of the contract, and the caption "PURCHASER'S NONWAIVABLE RIGHT TO CANCEL" shall appear immediately preceding it in conspicuous, boldface type.
1981, c. 462, § 55-376; 1983, c. 147; 1984, c. 572; 1985, c. 517; 1991, c. 704; 1994, c. 580; 1998, c. 460; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 22 - Virginia Real Estate Time-Share Act
§ 55.1-2202. Administrative agency
§ 55.1-2203. Status of time-share estates with respect to real property interests
§ 55.1-2204. Applicability of local ordinances, regulations, and building codes
§ 55.1-2206. Severability of provisions of time-share instruments
§ 55.1-2207. Time-sharing permitted
§ 55.1-2209. Time-share instrument for time-share estate project
§ 55.1-2210. Developer control in time-share estate program
§ 55.1-2211. Time-share estate owners' association control liens
§ 55.1-2212. Time-share owners' association books and records; meetings; use of email
§ 55.1-2213. Time-share estate owners' association annual report
§ 55.1-2214. Time-share instrument for project
§ 55.1-2216. Termination of certain time-shares
§ 55.1-2217. Public offering statement
§ 55.1-2218. Certain advertising practices regulated
§ 55.1-2219. Exchange programs
§ 55.1-2220. Escrow of deposits; use of corporate surety bond or irrevocable letter of credit
§ 55.1-2221. Purchaser's rights of cancellation
§ 55.1-2222. Possibility of reverter
§ 55.1-2223. Recording and delivery of deed
§ 55.1-2224. Liability limited; liability actions prohibited
§ 55.1-2226. Buyer's Acknowledgment
§ 55.1-2227. Resale of time-shares
§ 55.1-2228. Required resale disclosures
§ 55.1-2231. Statute of limitations; actions; limitation on rescission rights
§ 55.1-2233. Financial records
§ 55.1-2234. Developer's obligation to complete
§ 55.1-2235. Financing of time-share programs
§ 55.1-2236. Purchaser's rights under developer's foreclosure
§ 55.1-2237. Protection of lien holder
§ 55.1-2238. Registration of time-share program required
§ 55.1-2239. Application for registration
§ 55.1-2241. Receipt of application; effectiveness of registration
§ 55.1-2242. Annual report; amendments
§ 55.1-2243. Termination of registration
§ 55.1-2244. Registration required for time-share resellers; exemptions; prohibited practices
§ 55.1-2245. Recordkeeping by resellers
§ 55.1-2246. Alternative purchase; registration
§ 55.1-2247. General powers and duties of Board
§ 55.1-2248. Cancellation of cease and desist order; reinstatement of registration of developer
§ 55.1-2249. Board regulation of public offering statement