66-32-118 - Violations Attorney's fees Criminal penalties. - Tennessee Statutes

66-32-118. Violations Attorney's fees Criminal penalties.

(a)  If a developer or any other person subject to this part violates any provision thereof or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this part. The court may also award reasonable attorney's fees.

(b)  Except as provided in subsection (c), any developer or any other person subject to this part who offers or disposes of a time-share interval without having complied with this part or who violates any provision of this part commits a Class C misdemeanor.

(c)  Any developer or any other person subject to this part who knowingly, willfully and intentionally offers, disposes of, or jeopardizes the interest of the purchaser of a time-share interval in violation of § 66-32-113, § 66-32-122(a) or § 66-32-128 commits a felony punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment for not less than one (1) year nor more than three (3) years, or by both such fine and imprisonment.

(d)  Nothing in this part limits the power of the state to punish any person for any conduct or omission which constitutes a violation under any other provision of this code.

[Acts 1981, ch. 372, § 19; T.C.A., § 64-3219; Acts 1986, ch. 601, § 1; 1987, ch. 194, § 1; 1989, ch. 591, § 113.]