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Terms Used In Louisiana Revised Statutes 9:1131.25

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • declaration: means the instrument by which the timeshare property is made subject to a timeshare plan. See Louisiana Revised Statutes 9:1131.2
  • Developer: means the person, or any successor or assignee of such person, who creates the timeshare plan or who is in the business of making sales of timeshare interests which it owns or purports to own. See Louisiana Revised Statutes 9:1131.2
  • Exchange company: means the person operating a program providing any opportunity or procedure for the assignment or exchange of timeshare interests among owners and purchasers in the same or other timeshare plans. See Louisiana Revised Statutes 9:1131.2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

A.  The remedies provided herein shall be in addition to any other remedies provided by law.  

B.  The timeshare declaration and bylaws shall have the force of law between the individual owners.  The remedies for breach of any obligation imposed on owners or the developer shall be damages, injunctions, or any other remedies provided by law.  

C.(1)   No developer shall have any liability arising out of the use, delivery, or publication by the developer of information provided to it by an exchange company; unless the developer knows the information is false.  

(2)(a)  Except as provided in this Subsection, no exchange company shall have any liability with respect to:

(i)  any representation made by the developer relating to a program for the exchange of timeshare interests or an exchange company; or

(ii)  the use, delivery, or publication by the developer of any information relating to a program for the exchange of timeshare interests or an exchange company.  

(b)  An exchange company shall only be liable for written information provided to the developer by the exchange company.  

Added by Acts 1983, No. 552, §1.