A timeshare is simply a term of art for a divided or shared property interest. These timeshares are commonly used for a person to lease or own a property in a resort space for a short period of time each year for vacation purposes. Other owners or renters each have a similar period of time to use the property, so that it is used consistently throughout the year. There are also programs to allow vacationers to exchange their time with others in different destinations to have variety in their travel plans. At first glance, it seems like the timeshare is a great way for anyone to be able to vacation consistently for years for the cost of a small up front investment.
There are many businesses in South Carolina and other parts of the United States that market and sell timeshares to anyone who is willing to invest their money in one. Companies that sell timeshares often emphasize the convenience of having a vacation property without having to do their own maintenance or search for lodging and dining everytime they need to travel to the area. Although this seems like a fairly straightforward transaction and easy way to take a vacation on the surface level, many people who have bought into a timeshare regret doing so after considering the disconnect between the costs and actual utility of the property. There can also be problems when the owner wants to let go of their interest in the property because they have decided it is no longer useful. Cancelling a timeshare can often become a burdensome and stressful process, and some South Carolina timeshare lawyers focus their practice on assisting people who have timeshare cancellation problems.
Timeshares can present a number of legal issues for those who have purchased an ownership interest. Some attorneys answer questions related to people asking “Can I cancel my timeshare?” in South Carolina every day.
While these timeshare properties are always marketed as a good investment and convenient way to get a great vacation spot, they often create a series of problems for those who have bought into these ideas without doing enough research. After a certain period of time, owners start to appreciate and understand the financial obligations and marginal benefits of owning a timeshare, especially when regular travel costs are factored into being able to use the property. The timeshare can become a source of financial stress for anyone who is not prepared to make long term payments. Timeshares often cost tens of thousands of dollars up front, plus annual maintenance fees are usually added onto these costs. One of the most common questions many timeshare owners have after realizing their mistake and the high cost is how to exit my timeshare contract in South Carolina.
There are some ways to get out of ownership of a timeshare, but whether a person can do so may vary based on several different factors and the timing of when they want to walk away from the property. The good news is that there are a few reliable ways allowed under state law to get out of the timeshare obligation, but some are more time consuming and burdensome than others. There also may be issues with the timeshare company doing everything they can to try to keep the person locked into the agreement, even when it is clear they no longer have any desire to use the property. Legal help from a South Carolina timeshare cancellation attorney is recommended if there are disputes during the cancellation process.
The easiest way for anyone to get out of their contract and other obligations related to the timeshare is to cancel the contract shortly after the purchase period. South Carolina law only allows a purchaser to do so within the first five days after the transaction, which is shorter than the rescission period allowed in many other states. This can be in five days either after the purchase contract or public offering documents were received, whichever one comes last. After this five day period has expired, it becomes more difficult to cancel the timeshare. Buyers should keep in mind that this law applies to property that is physically located in South Carolina, regardless of where the contract signing or other transactions took place. Any more detailed questions about the proper venue for legal action or which state has jurisdiction over the property should be directed to a South Carolina timeshare cancellation attorney.
Another way to cancel a timeshare through the legal process is to provide formal, documented notice of the intent to get out of the contract in writing. This is best done through a mailing with a certified letter or confirmation of receipt. The documents mailed should identify the buyer, along with other parties involved in the transaction, as well as clearly identify the property, date of the transaction, and notice of the buyer’s intent to get out the timeshare. The sender should also keep their own copy of the cancellation notice for their records, along with the original contract and any other documents related to the timeshare. Sending a formal email in addition to the documents sent through the mail is helpful as well, to provide more evidence of notice to the appropriate parties. Legal assistance may be required to draft the letter and ensure that it complies with all of the state’s requirements to provide valid notice of cancellation.
One of the reasons help from a timeshare attorney in South Carolina may be necessary during this time is that some companies may simply refuse to comply with the law even after receiving the notice. The business will often tell the consumer that they need to fulfill all of their financial obligations related to the timeshare, despite receiving their notice of cancellation. This can require further legal action to actually enforce the state’s timeshare cancellation laws.
Some buyers ask, how can I get out of my timeshare in South Carolina if I feel that I was misled? Companies that engage in sales and marketing practices are known to have a bad reputation for telling consumers anything in order to close a deal. Despite these business practices, it is possible for some timeshares to be cancelled if the ownership interest or lease was marketed in a dishonest manner, or if the seller outright lied about certain important facts that materially affected the transaction. South Carolina law allows cancellation for a similar reason if the contract language does not match what is actually available at the property. This is because certain disclosures are required to be made to the purchaser during the sale.
As in many other areas of the law, this kind of misinformation will essentially void the contract of sale. However, the purchaser cannot simply stop paying, and they need to go through the legal process with a timeshare termination attorney in South Carolina to have the contract voided or rescinded for fraudulent misrepresentation.
The practicalities of dealing with certain businesses can be problematic, as they will try to retain their profits and get their own timeshare lawyers regardless of how poorly they treat the consumer in the process. There are other things the business or resort owner can do to try to make this cancellation process difficult for the purchaser, even if they have fulfilled all of their legal requirements to terminate their timeshare obligation. The business may bring up differences between the actual purchased property and the one described in the contract or cancellation notice. The company can also try to say that they never received the notice. Also, because the five day grace period is very short, an obvious argument for the company who wants to lock a consumer into the timeshare payment is to argue that the cancellation happened too late, so this grace period no longer applies. In any of these situations, a South Carolina timeshare termination attorney can review the actions of the business, and help the person get out of their timeshare contract.
Because timeshares often contain a complex mix of contract, consumer, and property law, there is more specific information that can be shared during a meeting with a South Carolina timeshare loophole attorney. Anyone who needs more advice and personalized information about timeshares and their legal rights can schedule a meeting with a South Carolina timeshare lawyer. The attorney can outline a specific course of action to cancel the timeshare and leave all of the associated problems and costs behind once and for all.
Boukzam Law is a consumer advocacy firm that focuses on helping protect the rights of people who have problems with various aspects of consumer law. They regularly help people with timeshare issues in South Carolina.