HAR §16-106-2.5
HAR §16-106-2.5. Conduct
Cite as Haw. Code R. § 16-106-2.5
(a) To fully protect the general public in its time
share transactions, every registrant shall conduct business in accordance with this
section.
(b)
The
registrant
shall
protect
the
public
against
fraud,
misrepresentation, or unethical practices in the time share industry. The registrant
shall endeavor to eliminate any practices in the community which could be
damaging to the public or to the dignity and integrity of the time share industry.
The registrant shall assist the director in its efforts to regulate the practices of the
time share industry in this State.
(c)
The registrant shall ascertain and disclose all material facts
concerning every time share interest so that the registrant may fulfill its obligation
to avoid error, misrepresentation, or concealment of material facts.
(d)
The registrant shall not be a party to the naming of a false
consideration in any document, unless it be the naming of an obviously nominal
consideration.
(e)
The registrant shall recommend that title be examined, survey be
conducted, or legal counsel be obtained when the interest of either party requires
it.
(f)
The registrant, for the protection of all parties with whom the
registrant deals, shall see that financial obligations and commitments regarding
time share transactions are in writing, expressing the exact agreements of the
parties, and that copies of those agreements, at the time they are executed, are
placed in the hands of all parties involved.
106-6
(g)
Violation of any part of this chapter by a registrant or resale agent
may be cause for revocation or suspension of a registration of that registrant or
resale agent. [Eff and comp 9/15/90] (Auth: HRS §§514E-13, 514E-2.5) (Imp:
HRS §514E-12)
SUBCHAPTER 2
REGISTRATION REQUIREMENTS