Washington Code 64.36.210 – Unlawful acts — Penalties
Current as of: 2023 | Check for updates
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(1) It is unlawful for any person in connection with the offer, sale, or lease of any timeshare in the state:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C felony | up to 5 years | up to $10,000 |
Terms Used In Washington Code 64.36.210
- Director: means the director of licensing. See Washington Code 64.36.010
- Fraud: Intentional deception resulting in injury to another.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Offer: means any inducement, solicitation, or attempt to encourage any person to acquire a timeshare. See Washington Code 64.36.010
- Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity. See Washington Code 64.36.010
- Timeshare: means a right to occupy a unit or any of several units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land. See Washington Code 64.36.010
(a) To make any untrue or misleading statement of a material fact, or to omit a material fact;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information; or
(e) To violate any rule or order of the director.
(2)(a) Any person who knowingly violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(b) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.