New Jersey § 45:15-16

§ 45:15-16.

a. Any person who suffers any ascertainable loss of moneys as a result of the failure

of another to comply fully with the provisions of this act may bring an action or

assert a counterclaim in any court of competent jurisdiction. In any action filed under this section in which a defendant is found to have knowingly

engaged in any false, deceptive, misleading promotional or sales methods or discriminatory

advertising on the basis of race, sex, creed, color, marital status, national origin

or religion, concealed or fraudulently diverted any funds or assets so as to defeat

the rights of timeshare plan purchasers, made an intentional misrepresentation or

concealed a material fact in an application for registration, or disposed of any timeshare

plan required to be registered under this act, which are not so registered, the court

shall, in addition to any other appropriate legal or equitable remedy, award double

the damages suffered, and court costs, including reasonable attorney's fees. In the case of an untruth, omission, or misleading statement the developer sustains

the burden of proving that the purchaser knew of the untruth, omission or misleading

statement, or that he did not rely on such information, or that the developer did

not know, and in the exercise of reasonable care could not have known of the untruth,

omission, or misleading statement. b. The court, in addition to the remedies provided in this act, may award any other

relief appropriate under the circumstances including, in the court's discretion, restitution

of all monies paid and, where a developer has failed to provide to a purchaser a copy

of the current public offering statement approved by the commission prior to execution

of the contract or agreement, rescission of the contract. If the purchaser fails to establish a cause of action, and the court further determines

that the action was wholly without merit, the court shall award attorney's fees to

the developer. c. Any stipulation or provision purporting to bind a purchaser acquiring an interest

in a timeshare plan subject to the provisions of this act to a waiver of compliance

with the provisions of this act shall be void.