Tex. Prop. Code Section 221.043
Contract Requirements


(a)

Each purchase contract shall contain the following information. The statements required by this subsection and Subsection (c)(8) shall be provided in a conspicuous manner and in the exact language set forth in this section with the developer’s name and address, the date of the last day of the fiscal year, and the address of the managing entity inserted where indicated:
"PURCHASER’S RIGHT TO CANCEL.
"(1) BY SIGNING THIS CONTRACT YOU ARE INCURRING AN OBLIGATION TO PURCHASE A TIMESHARE INTEREST. YOU MAY, HOWEVER, CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION BEFORE THE SIXTH DAY AFTER THE DATE YOU SIGN AND RECEIVE A COPY OF THE PURCHASE CONTRACT, OR RECEIVE THE REQUIRED TIMESHARE DISCLOSURE STATEMENT, WHICHEVER IS LATER.
"(2) IF YOU DECIDE TO CANCEL THIS CONTRACT, YOU MAY DO SO BY EITHER HAND-DELIVERING NOTICE OF CANCELLATION TO THE DEVELOPER, BY MAILING NOTICE BY PREPAID UNITED STATES MAIL TO THE DEVELOPER OR THE DEVELOPER’S AGENT FOR SERVICE OF PROCESS, OR BY PROVIDING NOTICE BY OVERNIGHT COMMON CARRIER DELIVERY SERVICE TO THE DEVELOPER OR THE DEVELOPER’S AGENT FOR SERVICE OF PROCESS. YOUR NOTICE OF CANCELLATION IS EFFECTIVE ON THE DATE SENT OR DELIVERED TO (INSERT NAME OF DEVELOPER) AT (INSERT ADDRESS OF DEVELOPER). FOR YOUR PROTECTION, SHOULD YOU DECIDE TO CANCEL YOU SHOULD EITHER SEND YOUR NOTICE OF CANCELLATION BY CERTIFIED MAIL WITH A RETURN RECEIPT REQUESTED OR OBTAIN A SIGNED AND DATED RECEIPT IF DELIVERING IT IN PERSON OR BY OVERNIGHT COMMON CARRIER.
“(3) A PURCHASER SHOULD NOT RELY ON STATEMENTS OTHER THAN THOSE INCLUDED IN THIS CONTRACT AND THE DISCLOSURE STATEMENT.”

(b)

Immediately following the required statements in Subsection (a) shall be a space reserved for the signature of the purchaser.

(c)

The purchase contract must also include the following:

(1)

the name and address of the developer and the address of the timeshare property or the address of any available timeshare interest being offered;

(2)

an agreement describing the cancellation policy prescribed by Section 221.041 (Purchaser’s Right to Cancel);

(3)

the name of the person or persons primarily involved in the sales presentation on behalf of the developer;

(4)

a statement disclosing the amount of the periodic assessments currently assessed against or collected from the purchasers of the timeshare interest, immediately followed by a statement providing that collected assessments will be used by the managing entity to pay for expenditures, charges, reserves, or liabilities relating to the operation of the timeshare plan or timeshare properties managed by the managing entity;

(5)

the date the purchaser signs the contract; and

(6)

the following statement:
“AS A TIMESHARE OWNER, YOU HAVE A RIGHT TO REQUEST A WRITTEN ANNUAL TIMESHARE FEE AND EXPENSE STATEMENT. THIS STATEMENT IS PREPARED ANNUALLY BY THE MANAGING ENTITY AND WILL BE AVAILABLE NOT LATER THAN FIVE MONTHS AFTER (INSERT THE DATE OF THE LAST DAY OF THE FISCAL YEAR). YOU MAY REQUEST THE STATEMENT BY WRITING TO (INSERT NAME AND ADDRESS OF THE MANAGING ENTITY).”

(d)

The information required to be provided by this section may be provided in the purchase contract or in an exhibit to the purchase contract, or it may be provided in part in both if all of the information is provided.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987. Renumbered from Sec. 201.043 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 381, Sec. 5, eff. June 14, 1989; Acts 1993, 73rd Leg., ch. 443, Sec. 5, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 8, eff. January 15, 2006.
Acts 2009, 81st Leg., R.S., Ch. 279 (S.B. 1036), Sec. 4, eff. September 1, 2009.

Source: Section 221.043 — Contract Requirements, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­221.­htm#221.­043 (accessed Jun. 5, 2024).

221.001
Short Title
221.002
Definitions
221.003
Applicability
221.004
Conflicts of Law
221.011
Declaration
221.012
Conveyance and Encumbrance
221.013
Common Ownership
221.014
Partition
221.021
Registration Required
221.022
Application for Registration
221.023
Amendment of Registration
221.024
Powers of Commission
221.025
Effect of Registration on Other Laws: Exemption from Certain Laws
221.026
Issuance and Renewal of Registration
221.027
Temporary Suspension
221.028
Denial of Registration Renewal
221.031
Advertisements and Promotions
221.032
Timeshare Disclosure Statement
221.033
Exchange Disclosure Statement
221.034
Exempt Offerings and Dispositions
221.035
Supervisory Duties of Developer
221.036
Developer Preparation and Completion of Documents
221.037
Alternative Terminology or Name
221.041
Purchaser’s Right to Cancel
221.042
Notice
221.043
Contract Requirements
221.051
Operation Requirement
221.052
Liability of Developer and Exchange Company
221.053
Exchange Company Liability
221.061
Escrow or Trust Account Required
221.062
Release of Escrow
221.063
Alternative to Escrow or Trust Account: Financial Assurance
221.064
Documentation Required
221.071
Deceptive Trade Practices
221.072
Insurance
221.073
Penalty
221.074
Annual Timeshare Fee and Expense Statement
221.075
Civil Penalty for Late Statement
221.076
Managing Entities that Manage More than One Timeshare Property
221.077
Availability of Books and Records
221.081
Applicability
221.082
Powers and Limitations of Board
221.083
Period of Developer Control
221.084
Election of Initial Board Members and Officers
221.085
Removal of Board Members
221.086
Quorum
221.087
Votes
221.088
Open Meetings
221.089
Notice
221.090
Duties
221.101
Transfer or Termination of Timeshare Interest
221.102
Applicability
221.103
General Disclosures Required
221.104
Disclosure of Authorized Use of Timeshare Interest
221.105
Disclosures Relating to Payment of Fees for Transfer Services
221.106
Required Notice for Transfer Services
221.107
Required Notice for Termination Services
221.108
Reliance
221.109
Duty of Good Faith Regarding Transfer or Termination Services
221.110
Deceptive Trade Practices
221.111
Supervisory Duties
221.0245
Complaint Investigation

Accessed:
Jun. 5, 2024

§ 221.043’s source at texas​.gov