Section 47-11-5 - Purchaser's right to cancel; escrow; violation. - New Mexico Statutes

47-11-5. Purchaser's right to cancel; escrow; violation.

A.     A developer shall, before conveyance of a time share and not later than the execution of any contract of sale, provide a purchaser with a copy of a disclosure statement containing the information required by the New Mexico Time Share Act. The contract of sale is voidable by the purchaser within seven days after execution of the contract of sale. The contract shall conspicuously disclose the purchaser's right to cancel under this subsection and how that right may be exercised. An instrument transferring a time share shall not be recorded until seven days after the execution of the contract of sale.   

B.     A purchaser may elect to cancel within the time period set out in Subsection A of this section by hand-delivering or by mailing notice to the developer or to his agent for service of process. Cancellation under this section is without penalty and upon receipt of the notice all payments made prior to cancellation shall be refunded within thirty days.   

C.     Any payments received by a time share developer or real estate licensee in connection with the sale of a time share shall be handled in accordance with Subsections E, H and I of Section 61-29-12 NMSA 1978 and applicable rules and regulations of the commission. These payments shall be held in such manner until:   

(1)     delivered to the developer at closing;   

(2)     delivered to the developer because of the purchaser's default under a contract of sale; or   

(3)     refunded to purchaser.   

D.     The commission may waive the requirements of Subsection C of this section for a time share project if:   

(1)     the time share developer submits to the commission information sufficient to allow the commission to determine the total cost of completing the time share project; and   

(2)     the time share developer delivers to the commission a performance bond, with a surety acceptable to the commission, in an amount sufficient to complete the time share project. If the developer does not complete the project, the commission may use funds received from the bond to complete the project.