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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2015 - 2016 Regular Session


Posted: March 10, 2015 03:59 PM
From: Representative Tim Briggs
To: All House members
Subject: Consumer Protection - Time Share Contracts
In the near future I will be introducing legislation to amend Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, adding additional protections and remedies for consumers in the purchase of time share properties.

It has come to my attention that consumers in Pennsylvania have fallen victim to the unscrupulous actions of time share companies. These companies take advantage of consumers by including contract clauses forcing purchasers to sign away their legal rights. These include the right to rescission and cancellation.

With this in mind, my legislation makes provisions to ensure that consumers’ rights under Title 68 cannot be varied or waived by agreement. Time share contracts will be deemed unconscionable should a court find any aspect of the contract to be directed against the consumer. Time share purchasers would not be held to the damaging provisions of such a contract.

My legislation is similar to a Wisconsin law - under my bill time share companies would be further required to provide a Time Share Disclosure Statement. The statement contains warnings to purchasers of the legal and binding nature of the contract and recommends seeking professional advice to ensure comprehension of the contract terms. Additionally, to further consumer awareness, the statement presents purchasers with their right to rescission and cancellation up front, prior to execution of the contract.

Please join me in co-sponsoring this important legislation to further protect Pennsylvania consumers.

Introduced as HB884