Texas Property Code 221.063 – Alternative to Escrow or Trust Account: Financial Assurance
Current as of: 2024 | Check for updates
|
Other versions
(a) Instead of the deposit of funds in an escrow or trust account as provided by § 221.061, the commission may accept from the developer a surety bond, irrevocable letter of credit, or other form of financial assurance, including financial assurance posted in another state or jurisdiction.
(b) The amount of the financial assurance provided under this section must be an amount equal to or more than the amount of funds that would otherwise be placed in an escrow or trust account under § 221.061(a).
Terms Used In Texas Property Code 221.063
- Commission: means the Texas Real Estate Commission. See Texas Property Code 221.002
- Developer: means :
(A) any person, excluding a sales agent, who creates a timeshare plan or is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests; or
(B) any person who succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer if the person:
(i) offers at least 12 timeshare interests in a particular timeshare plan; and
(ii) is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests. See Texas Property Code 221.002 - Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Timeshare interest: means a timeshare estate or timeshare use. See Texas Property Code 221.002
- Timeshare property: means :
(A) one or more accommodations and any related amenities subject to the same timeshare instrument; and
(B) any other property or property rights appurtenant to the accommodations and amenities. See Texas Property Code 221.002 - Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(c) The amount of the financial assurance provided under this section for timeshare property under construction as provided by § 221.061(d) must be the lesser of:
(1) an amount equal to or more than the amount of funds that would otherwise be placed in an escrow or trust account under that subsection; or
(2) the amount necessary to assure completion of the building in which the timeshare interest is located.