Timeshare Exit: Hilton Head and Myrtle Beach: South Carolina Timeshare Attorney’s Experience After Representing Hundreds of Timeshare Purchases

I have consulted with South Carolina timeshare owners pretty much every day, multiple times a day, for more than five years now. Myrtle Beach and Hilton Head have the highest concentration, but timeshares are aplenty in South Carolina otherwise as well. Presumably you, like essentially everyone I have ever spoken with, wish to dispose of your worthless, burdensome, useless timeshare.

Defrauded? You would not be the first. This is the most common complaint I hear from folks, surely 99% of the consultations I have at my law firm. A general Google search will readily reveal that there is a timeshare industry crisis, and you will discover more complaints of Hilton Head and Myrtle Beach timeshare fraud than anyone could ever reasonably have time to read. No one wants to own these flim flam products, and people are defaulting on their financial obligations left and right. If you have been lied to or deceived by your timeshare sales professional, you should immediately consult with an attorney about your rights. There are statutes of limitations that apply to everyone’s claims in South Carolina, and you should consult with an attorney timely to ensure that your claims will not be time-barred in any lawsuit.

Don’t want to saddle your loved ones with your timeshare burden? I hear this from time to time, for sure. People are generally good, I do believe. Timeshare salespeople that defraud timeshare purchasers are surely an anomaly amongst the general population, and people should not be expected to live their lives as if a salesperson is going to intentionally gain your trust in order to immediately defraud you. Timeshare owners are generally good people, I believe, and I also believe that is one of the primary reasons why they are so easily taken advantage of by the timeshare salespeople. Despite the language of any documents referring to your heirs and children having some sort of future obligation to your timeshare should you pass, your heirs and children should also have the ability to disclaim any timeshare. Do consult with a probate attorney in your state or in South Carolina, but SC Code Section 62-2-801 seems to indicate that I can disclaim any timeshare ownership purportedly conveyed to me by someone’s will or passing intestate.

Can’t afford your timeshare any longer? I also hear this from time to time. Even after paying the purchase price for the timeshare (unfortunately, a lot of Hilton Head timeshares are selling for $1.00 on eBay), which was undoubtedly in the thousands of dollars range, you are still obligated for life to pay for maintenance fees and special assessments. If you default on your obligations, what will happen? All of these timeshare companies and homeowners’ associations have their own processes and timelines, but generally someone will eventually foreclose on the unit. Will the process be judicial or non-judicial under the South Carolina Timeshare Act? Will anyone go after you for unpaid monies? Will negative credit reports be made? Will you receive harassing communications for collections efforts? All of these appear to be possibilities, all of these companies and associations are private entities, and I certainly cannot divine what action any particular timeshare company will take in the future, unfortunately. Can I advise you to stop making payments and upholding your end of the timeshare contract? No.

Why won’t the timeshare company just take back the timeshare? I mean, you did pay tens of thousands of dollars for this thing. They can just resell it and realize the profit. While I do agree, that is not how the timeshare company sees things. They don’t want the timeshare either. But they do want you to pay for it for life, and to improve the general premises so that they can sell more timeshare to others and build more timeshares. In this situation, it may be prudent to investigate the finances of your homeowners’ association, requesting what you are entitled to under the South Carolina non-profit corporation act and as an owner and member of your association. In certain circumstances, it may be appropriate to run for the board, attend owners’ meetings, communicate with other owners, change the management company, and develop a program for the take-back and reselling of timeshares for your homeowners’ association.

Every timeshare owner or purchaser’s situation is unique and can be time sensitive depending on the circumstances. We don’t charge for initial consultations, so I always advise the same: just call my office, set up a time to speak with me, Zach Naert, or my law partner, Joe DuBois. We will speak with you at no charge and give you the best advice we can give. If we are able to work with you, we will enter into a simple written agreement. Do your homework, Google us, check out our reviews and newspaper articles where we have sued timeshare companies. We do not represent any timeshare companies.

Hilton Head Office
22 New Orleans Rd #1
Hilton Head Island, SC 29928

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

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