Purchasing a timeshare is a big decision and it’s important to understand what protections are afforded to you by the law. Home to some of the most pristine beaches and beautiful resorts South Carolina is a timeshare hotspot. Thankfully, South Carolina has many consumer protection laws on the book to protect purchasers. If you are a victim of fraud, misrepresentation, or high-pressure sales tactics, our teams’ experience with South Carolina law allows us to cancel your timeshare contract legally and permanently without negatively impacting your credit.
If you have purchased or are getting ready to purchase a timeshare in South Carolina, you need to at least know the answers to the following questions:
What is the timeshare cancellation period in South Carolina?
What kind of laws does South Carolina have for timeshare purchasers?
What happens if I stop making my timeshare mortgage payments?
What happens if I do not pay my maintenance or assessment fees?
How do I get out of a timeshare purchase in South Carolina?
South Carolina Timeshare Cancellation Period
When you buy a timeshare there is a timeframe in which you may easily cancel the purchase known as the cancellation period or the rescission period. The timeshare cancellation period in South Carolina is 5 calendar days from either the date you signed the contract not including Sunday if Sunday is the fifth day, or from the date you received all documents required to be provided to you by law (including the Public Offering Statement), whichever is later. This right to cancel may not be waived.
Somewhat unique to South Carolina, the law also ensures purchasers the right to cancel their purchase if the timeshare is no longer available as described in the contract and the company is unable to provide sufficiently comparable accommodations.
Cancelling the purchase is done by notifying the seller in writing and sending this request by certified mail, return receipt requested. The notice of cancellation is considered given on the date it is postmarked, so long as the letter is actually received by the seller. Once the timeshare company receives your notice of cancellation they have 20 days to honor your refund, or until 5 days after your check clears, whichever is later.
If you are still within the cancellation period, don’t waste any more time! Right now it’s as easy as sending the company a letter. So, if you are having regrets, don’t let this opportunity pass.
If the cancellation period has already passed, our team is standing by ready to help. Grab your timeshare paperwork and call or click now to get your questions answered and schedule a free consultation.
Fraud & Misrepresentation in South Carolina
South Carolina law explicitly prohibits misrepresentation any kind, fraud, or the failure to disclose any material facts. Even though these tactics are forbidden by law, as many of our clients have experienced, the salespeople still do sometimes disregard the law to make a quick buck. If you think you may be a victim of this kind of fraudulent misrepresentation don’t feel bad – it’s not because you are ‘stupid’ or ‘gullible.’ These sales people are master manipulators and will play on your emotions, not appeal to your senses.
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Sellers are prohibited from from making any written or oral statement that shall:
make misleading or deceptive representations with respect to the contents of the contract or the purchaser’s rights, privileges, or benefits under it
misrepresent the amount of time or period of time the accommodations and facilities are available to a purchaser
misrepresent or deceptively represent the location of the offered accommodations and facilities
misrepresent the size, nature, extent, qualities, or characteristics of the offered accommodations and facilities
misrepresent the nature or extent of services incident to the accommodations and facilities
fail to honor and comply with all provisions of the contract with the purchaser
misrepresent the conditions under which a purchaser may exchange his rights to an accommodation in one location for rights to an accommodation in another location
include in a contract a provision purporting to waive a right or benefit provided for purchasers pursuant to this chapter, or seek or solicit such a waiver during the effective period of these rules
use a promotional device including, but not limited to, sweepstakes, lodging certificates, gift awards, premiums, or discounts, without disclosing fully that the promotional device is used for the purpose of soliciting the sale of vacation time sharing plans
use a promotional device as described in item (1) to obtain the names and addresses of prospective purchasers without fully and prominently disclosing that names and addresses are acquired for the purpose of soliciting the sale of the vacation time sharing plans
do any other act of fraud, misrepresentation, or failure to make a disclosure of a material fact
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These specific provisions regarding timeshare sales combined with South Carolina’s other consumer protections are key to our strategy. As we can see, South Carolina timeshare law is very clear when it comes to misrepresentations of the facts. If you think that you might be a victim of misrepresentation our team is ready to get you out. Grab your timeshare paperwork and give us a call for your free consultation. The law, and our team of experts & attorneys, are on your side.
South Carolina Timeshare Foreclosures
Typically, timeshare purchases in South Carolina are financed through a mortgage on the ownership. Failure to make your timeshare mortgage payments will result in a foreclosure. Failure to pay maintenance fees, special assessments, or ad valorem taxes may also result in foreclosure; though in our experience timeshare companies are more interested in hounding owners for outstanding maintenance fees rather than foreclosing, though they will foreclose eventually.
In South Carolina, foreclosures on timeshare mortgages are handled nonjudicially and owners cannot be held liable for a deficiency judgement. While both of these are good news, foreclosure still has a terrible effect on a credit report. If foreclosure is looking like a possibility, or even if you have already been foreclosed on, our team can still help. Don’t let the timeshare tank your credit, and choose a timeshare cancellation company that will protect it.
Disclaimer: The information on this website is not legal advice and no attorney-client relationship or confidentiality agreement is or will be formed by the use of this website. While we make every effort to ensure that the information we provide is correct & up to date, laws may have changed since this article was last updated. Please see official resources provided by the relevant state or federal judiciaries for the most up to date information. Seaside Consultants Group makes no representation or warranty regarding the accuracy, reliability, completeness, or timeliness of any information provided. This information is provided for information only.
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