South Carolina Timeshare Foreclosure and Right to Cancel Laws

Learn about South Carolina timeshare foreclosure laws, right to cancel laws, and other timeshare contract laws.

If you buy a timeshare and regret it, most states have "cooling-off" laws; these laws let you get out of a timeshare contract if you act within a few days, usually three to ten days. In South Carolina, the cooling-off period is five days. But if you don't cancel the purchase by the deadline and eventually stop making payments on your timeshare, you could lose the place to a foreclosure or repossession, depending on what kind of timeshare you own.

If you take out a mortgage loan to buy a deeded timeshare and stop making the payments, the lender, usually the resort developer, will probably foreclose. Also, timeshare owners typically have to pay annual maintenance fees and special assessments to their homeowners' association (HOA.) If, as an owner, you don't pay the fees and assessments, the HOA might sue you for money or foreclose your timeshare. (With a right-to-use timeshare, people generally sign a contract and agree to make monthly payments. While a developer may foreclose a deeded timeshare, a right-to-use timeshare is typically repossessed, which is a different legal process than a foreclosure.)

Right to Cancel a Timeshare in South Carolina

In South Carolina, if you buy a timeshare, you can cancel the contract within five days from the later of:

  • the date you sign the contract, not including Sunday if that is the fifth day or
  • the date you receive the disclosure agreement pursuant to section 27-32-100 (see below). (S.C. Code Ann. § 27-32-40).

South Carolina law also provides the right to cancel a timeshare contract if at any time the timeshare or facilities as described in the contract are no longer available and the resort is unable to provide you with comparable accommodations or facilities. (S.C. Code Ann. § 27-32-40).

The right of cancellation can't be waived.

How to Cancel a South Carolina Timeshare Contract

If you want to cancel the purchase contract, you must notify the seller in writing by sending notice via certified mail, return receipt requested, or another verifiable means. The notice of cancellation is considered given on the date postmarked so long as the notice is actually received by the seller. (S.C. Code Ann. § 27-32-40).

If you give notice in writing and transmit it other than by mail, the notice is considered given at the time of delivery at the seller's address as identified on the contract. (S.C. Code Ann. § 27-32-40).

Refunds

If you cancel and have not received benefits pursuant to the contract, the seller of the timeshare must refund your payment within 20 days after it receives your notice of cancellation. If you received benefits pursuant to the contract, the seller must refund your money, less the benefits received, within 30 days. (S.C. Code Ann. § 27-32-60).

Disclosure Agreement and Public Offering Statement

A timeshare seller must provide to the prospective purchaser a written public offering statement regarding the purchaser's rights and obligations associated with the purchase of an interest in that vacation timesharing plan. The purchaser must receive the statement before signing a purchase contract and the statement must include, among other things:

  • the name and address of the seller
  • a brief description of the interest being offered in the vacation timesharing plan
  • the name of a person with the right to alter, amend, or add charges which the purchaser must pay (and the terms and conditions under which those charges may be imposed)
  • a description of provisions to protect the purchaser's interest from loss due to foreclosure on an underlying financial obligation of the vacation timesharing plan, and
  • a statement similar to the following: "You should purchase a timesharing interest as a vacation experience and for your personal use and enjoyment. You should not purchase a timesharing interest as an investment or for profit upon its rental or resale." (S.C. Code Ann. § 27-32-100).

Timeshare Foreclosure Procedure

If you take out a loan to purchase an interest in a deeded timeshare and fail to make your timeshare mortgage payments or keep up with the assessments, you'll likely face foreclosure. (In addition to monthly mortgage payments, timeshare owners are ordinarily responsible for maintenance fees, special assessments, utilities, and taxes, collectively referred to as "assessments.")

In South Carolina, residential foreclosures are judicial, but state law provides for the nonjudicial foreclosure of mortgages and assessment liens when it comes to timeshare properties. (S.C. Code Ann. § 27-32-325).

Timeshare Deficiency Judgments

When a lender forecloses a mortgage, like a mortgage taken out to buy a timeshare, the borrower's total debt sometimes exceeds the foreclosure sale price. The difference between the sale price and the total debt is called a "deficiency."

In some states, the lender may get a deficiency judgment (a personal judgment) against the borrower for the deficiency amount. Whether you'll face a deficiency judgment after a timeshare foreclosure depends on state law.

In South Carolina, the borrower is not subject to a deficiency judgment after a nonjudicial timeshare foreclosure, even if the proceeds from the sale of the timeshare are insufficient to cover the debt. (S.C. Code Ann. § 27-32-320).

Ways to Avoid a Timeshare Foreclosure

A few of the various options to avoid a timeshare foreclosure include:

  • selling the timeshare
  • donating the timeshare to a charity
  • negotiating with the resort to reduce the amount you owe
  • arranging a repayment plan, or
  • working out a deal to give the timeshare back to the resort (called a "deed in lieu of foreclosure" or "deedback").

Talk to a Lawyer

If you want more information about timeshare laws in your state or need assistance canceling a timeshare, consider talking to a real estate attorney. If you're facing a timeshare foreclosure and have questions about the process or your options, contact a foreclosure attorney.

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