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PDFWAC 308-127-040

Materially adverse change.

(1) A materially adverse change means any change in the condition of a promoter or its affiliates which causes or might cause loss or risk of loss to the interests of the timeshare purchasers or prospective purchasers.
A materially adverse change occurs under circumstances which include, but are not limited to, the following:
(a) Any bulk sale of all or a significant portion of the timeshare properties;
(b) Any actual or threatened bankruptcy, receivership, or similar proceeding involving the promoter or its affiliates;
(c) Any lien, encumbrance, or similar circumstance which threatens to affect, or does affect, any of the timeshare properties;
(d) Any sale, lease, substitution of, or addition to the inventory of the timeshare properties by the promoter or its affiliates;
(e) Any amendment or change in the timeshare instruments or the timeshare program;
(f) Any change in the affiliation of the promoter or the association with a timeshare exchange company;
(g) Any change in the promoter's or an affiliate's plan of promotion;
(h) Any change in the status of an escrow, trust, bond, letter of credit, impound or other protective device, being utilized in the timeshare program for purposes of purchaser protection;
(i) Any criminal prosecution, civil lawsuit, or administrative proceeding in which the promoter or its affiliates are parties;
(j) Sell-out of the number of intervals registered to be sold to persons residing in the state of Washington;
(k) Any change in the financial status of the promoter or its affiliates that might adversely affect their ability to pay the timeshare expenses, including reserve accounts, during marketing of the timeshares.
(2) Materially adverse changes shall be reported to the agency for purposes of amending or renewing the registration and the public offering statement at the time they are known or proposed by the promoter or its affiliates. Failure to report such changes within 20 days shall result in the assessing of a $500.00 penalty fee and shall be cause for suspension, revocation, or denial of a registration.
[Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-040, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 § 26. WSR 83-24-057 (Order 733 DOL), § 308-127-040, filed 12/6/83.]
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