How to Get Out of a Timeshare Contract in South Carolina

If you begin a Google search with the terms “how to get out of…” and timeshare is one of the first populants to complete the query. Why does this happen? Oftentimes it is because the terms, conditions and benefits of a timeshare are misrepresented by the sales staff to the purchasing party(ies).

Commonly, upon review of the timeshare contract, or after an attempt to use the timeshare has been made the purchaser realizes they were lied to about the features, or terms and conditions of the timeshare  contract. Whether the maintenance fees are expensive, the timeshare is not annual or the week the purchaser desired/ was promised is not accessible. The purchaser realizes the timeshare company will not buy back their week, and the purchaser realizes the timeshare cannot generate the profit that was guaranteed during the sales pitch.

The timeshare sales person gave the purchaser their cell phone number and so they call. The salesperson doesn’t answer the call, return the call or respond to messages. The purchaser then calls the timeshare customer service about the promises and complains about the reality of the contract. The purchaser demands a refund and then the response from customer service is that the five (5) day rescission period for the contract has passed. The timeshare company then denies the refund and may even point out the arbitration provision in the contract. This provision states that the purchaser cannot pursue a legal remedy in Court and is required to submit a claim to a single specific arbitrator.

On the other hand, the salesperson or other agent of the timeshare inform the purchaser that they can purchase an ‘upgrade’ to receive the features, terms and conditions that were originally promised or the purchaser believed they bought. For an additional, nominal fee the purchaser will be able to use the timeshare during the week they wanted, or may use the timeshare every year. Alternatively, the purchaser can buy two (2) bi-annual timeshares to make up the difference. Some purchasers will buy the upgrade, and others will promptly seek a resale company or legal counsel.

A resale company normally requires the timeshare to be owned outright by the purchaser prior to their involvement for resale. However, most purchasers who realize their error have only paid a down payment or a few monthly payments on the timeshare purchase. If you do own the timeshare outright, the resale company will sell your timeshare- for a fee. That fee may include maintenance fees and/or the cost of transferring fees. Transfer fees can exceed one thousand, and five hundred dollars ($1,500). Read your contracts with care and take note of any and all clauses which require additional payments or do not specifically lay out the weeks you are entitled to use the timeshare. Do not rely on the representations the sales person makes.

Prior to approaching an attorney, a purchaser can make complaints with regulatory authority, such as the attorney general or the mayor’s office. A purchaser can also log complaints with the Better Business Bureau, ripoffreport.com and redweek.com. These complaints take identifying information from the consumer such as purchase date and initials. This may result in a cease and desist order from the timeshare company. These can result in fees, fines, or further legal action.

When seeking legal action, be aware that the timeshare company will likely file a counter suit against your claims with similar claims; such as fraud, breach of contract, etc. At this point seeking legal counsel is advisable. You want to stand up for your rights, you want to know what course of action you can take. We can help you with that. Call us for a free, confidential consultation. We offer consultation via phone, skype and facetime to accommodate clients outside the state of South Carolina.

ATTORNEYS JOSEPH DUBOIS AND ZACH NAERT
Hilton Head Office
(Principal Office)
22 New Orleans Rd #1
Hilton Head Island, SC 29928

Okatie Office
110 Traders Cross
Okatie, SC 29909

Mailing Address
Post Office Box 7228
Hilton Head Island, SC 29938

Telephone: (843) 686-5500
Facsimile: (843) 686-5501
E-mail Zach Naert
zach@lowcountrylegal.com
E-mail Joseph DuBois joe@lowcountrylegal.com

HILTON HEAD OFFICE

OKATIE/BLUFFTON OFFICE