2010 Georgia Code 44-3-178 Case Law
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One Click Case Law for § 44-3-178
O.C.G.A. § 44-3-177 <-- --> O.C.G.A. §44-3-179



2010 Georgia Code

TITLE 44 - PROPERTY

CHAPTER 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS
ARTICLE 5 - TIME-SHARE PROJECTS AND PROGRAMS
PART 3 - DEVELOPERS AND EXCHANGE COMPANIES
§ 44-3-178 - Exceptions to public offering statement requirement under this article

O.C.G.A. 44-3-178 (2010)
44-3-178. Exceptions to public offering statement requirement under this article


(a) In lieu of the public offering statement required by this article, the developer may give prospective purchasers a public offering statement or similar disclosure document which meets the requirements of the Federal Securities and Exchange Act of 1933 or, if the time-share project is located in another state, a public offering statement or similar disclosure document which that state may require to be prepared and provided to purchasers.

(b) A public offering statement need not be prepared or delivered in the case of:

(1) A transfer of a time-share interval by any time-share interval owner or user other than the developer or such developer's agent;

(2) A disposition pursuant to court order;

(3) A disposition by a government or governmental agency;

(4) A disposition by foreclosure or deed in lieu of foreclosure;

(5) A disposition of a time-share interval in a time-share project situated wholly outside this state, provided that all solicitations and negotiations took place wholly outside this state and the sales agreement was executed wholly outside this state;

(6) A gratuitous transfer of a time-share interval; or

(7) Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com