59.1-327 - Purchaser's rights.
§ 59.1-327. Purchaser's rights.
A. The purchaser shall have the following rights during the first sevencalendar days following the execution of the membership camping contract:
1. A purchaser shall have the right to cancel a membership camping contractwithin seven calendar days following the date of its execution.
2. The right of cancellation shall not be waived and any attempt to obtainsuch a waiver shall be unlawful. Nothing in this section shall preclude theexecution of documents in advance of closing for delivery after expiration ofthe cancellation period.
3. If the purchaser elects to cancel the membership camping contract, he maydo so only by mailing notice thereof by certified United States mail to themembership camping operator at the address listed in the membership campingcontract. The cancellation shall be deemed effective upon mailing.
4. Upon cancellation, the membership camping operator shall refund to thepurchaser all payments made by such purchaser and collected by the membershipcamping operator pursuant to the canceled membership camping contract. Therefund shall be made within sixty days after the effective date of thecancellation and may, where payment has been made by credit card, be made byan appropriate credit to the purchaser's account. Where payment is made by anexchange of real or personal property, the property may be returned to thepurchaser.
5. The purchaser's right to cancel shall apply only to the initial membershipcamping contract executed by such purchaser and to no successor contract andshall not apply to a successor contract which replaces an existing contractexecuted by such purchaser, unless the successor contract is executed withinseven calendar days of the original contract in which case the cancellationperiod shall renew itself.
B. In addition to the rights afforded the purchaser contained in subsection Aof this section, the purchaser and any successor in interest shall not beheld liable for any maintenance fees, dues, and assessments succeeding theeffective date of notification pursuant to subdivision 2 of this subsection,if:
1. The purchaser or his successor in interest relinquishes any and allinterest in the membership camping contract to the membership campingoperator or his assigns; and
2. The purchaser or his successor in interest notifies the membership campingoperator or his assigns, in writing, by certified mail, return receiptrequested, of his relinquishment. The notice shall be deemed effective:
a. Eighteen months after the notice is mailed provided the membership campingcontract is no less than fifty-four months old; and
b. If and only if the principal and interest payments, the membership fees,dues, and assessments and all other financial obligations owed by thepurchaser, or his successor in interest, under the membership campingcontract are paid in full as of the date of mailing; and
c. The relinquishment contained in subdivision B 1 shall be in the form of arecordable deed, duly executed and properly notarized, or other form foundacceptable to the membership camping operator accompanied by a fee sufficientto record the deed.
C. If the notice complies with subsection B of this section concerningavoiding further payments of membership fees, dues, and assessments, themembership camping operator shall confirm, in writing, receipt of the noticewithin ten days after its receipt. If the notice does not comply withsubsection B of this section, the membership camping operator or his assignsshall inform the purchaser or his successors in interest, in writing, withinten days after its receipt, of the specific reasons why the notice does notcomply.
D. All moneys collected by the membership camping operator pursuant to themembership camping contract prior to notification by the purchaser or hissuccessor in interest pursuant to subsection B of this section shall remainthe property of the membership camping operator.
E. Upon satisfaction of all provisions of subsection B of this section, thepurchaser or his successor in interest shall have no rights or obligationsunder the membership camping contract and the membership camping operator orhis assigns shall make no claims against the purchaser or his successor ininterest thereunder.
(1985, c. 409; 1992, c. 545.)