Any lien holder of a time-share interest in any time-share program shall have the following rights:
1. The lien holder shall have its lien rights preserved as against any purchaser of a time-share who claims that the time-share instrument is invalid, void, or voidable, 30 days after written notice by certified mail or personal delivery has been given by the developer or lien holder to the purchaser. The notice shall state that the developer has assigned the receivables to the lien holder and that the purchaser has 30 days within which to object and specify the invalidity or defect contained within such time-share instrument. The notice required by this section may be included in the blanket encumbrance, in the contract, or in any note, deed of trust, or mortgage executed by the purchaser in connection with the purchaser's deferred purchase of a time-share.
2. Any purchaser who fails to indicate that the time-share instrument is invalid, void, or voidable as provided in subdivision 1 waives, or is estopped to raise, the same in any subsequent enforcement of the collection of the receivable by the lien holder.
1981, c. 462, § 55-389; 1985, c. 517; 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