Friday, August 9, 2013

Timeshare Complaints in South Carolina

Pursuant to Section 27-32-130, Enforcement and implementation of chapter; regulations, of the South Carolina Timeshare Act:

"The Real Estate Commission is responsible for the enforcement and implementation of this chapter and the Department of Labor, Licensing and Regulation, at the request of the Real Estate Commission, shall prosecute a violation under this chapter. The [Real Estate C]ommission shall promulgate regulations for the implementation of this chapter, subject to the State Administrative Procedures Act."

However, the South Carolina Real Estate Commission's website states that it is "not empowered to assist with the following types of complaints:

* Contract matters such as questions about listing agreements, management agreements, sales contracts and leases for which you need to contact an attorney;

* Earnest money or security deposit disputes that must be heard by a magistrate;

* Disputes over payment for services either by or to a licensee;

* Disputes with your landlord about property condition, past due rent, eviction notices and the like;

* Complaints that do not involve a licensed real estate licensee;

* Complaints about managers of homeowners associations; or

* Complaints relating to licensee ethical behavior or poor business manners."

Here is the link to the South Carolina Real Estate Commission's website containing the above-listed explanations of complaints with which the South Carolina Real Estate Commission is not empowered to assist, as well as the Commission's instructions and other guidance regarding the complaint process.

Have you made complaints to the South Carolina Real Estate Commission and received a letter of determination stating that no evidence of fraud or violations of the South Carolina Timeshare Act have been found in the investigation? Have you made further complaints to entities like the Office of the Mayor of Hilton Head Island, the South Carolina Attorney General's Office, the Human Affairs Commission, and the Better Business Bureau, and failed to obtain a meaningful communication and favorable result?

Section 27-32-130 of the Act further states that "[t]he provisions of this section do not limit the right of a purchaser or lessee to bring a private action to enforce the provisions of this chapter." The South Carolina Timeshare Act specifically authorizes individuals to bring private causes of action and lawsuits against those timeshare entities subject to the Act.

If you have questions about bringing a lawsuit against a timeshare company and protecting your rights, please feel free to contact my office to speak with Zach or Joe. We are happy to offer free consultations, and we have the ability to speak with you through technology like Skype and Facetime.