South Carolina Code of Laws
Chapter 32 - Vacation Time Sharing Plans
Section 27-32-40. Furnishing copy of contract to purchaser; terms thereof.

(A) It is a violation of this chapter for the seller of a vacation time sharing plan to fail to utilize and furnish the purchaser a fully completed copy of a contract pertaining to the sale at the time of its execution. The contract must include the:
(1) actual date the contract is executed by all parties;
(2) name and address of the seller;
(3) total financial obligation of the purchaser, including the initial purchase price and additional charges to which the purchaser may be subject;
(4) specific term of the contract; and
(5)(a) following statement in immediate proximity to the space reserved in the contract for the signature of the purchaser and in bold type:
"YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION WITHIN FIVE DAYS AFTER THE DATE YOU SIGN THIS CONTRACT, NOT INCLUDING SUNDAY IF THAT IS THE FIFTH DAY, OR THE DATE YOU RECEIVE THE DISCLOSURE STATEMENT PURSUANT TO SECTION 27-32-100, WHICHEVER OCCURS LATER. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY ANOTHER VERIFIABLE MEANS, TO (NAME OF SELLER) AT (SELLER'S ADDRESS)."
(b) in the case of a vacation time sharing lease plan the following statement also must be included:
"YOU ALSO MAY CANCEL THIS CONTRACT AT ANY TIME IN CASE THE ACCOMMODATIONS OR FACILITIES PROVIDED IN THE CONTRACT OR COMPARABLE ACCOMMODATIONS OR FACILITIES ARE NO LONGER AVAILABLE."
(B) Notice of cancellation pursuant to this section is considered given on the date postmarked if mailed, or when transmitted from the place of origin if telegraphed, so long as the notice is actually received by the seller. If given by means of a writing transmitted other than by mail or telegraph, the notice is considered given at the time of delivery at the seller's address as identified on the contract.
HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 1990 Act No. 544, Section 1; ;2003 Act No. 84, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 27 - Property and Conveyances

Chapter 32 - Vacation Time Sharing Plans

Section 27-32-10. Definitions.

Section 27-32-20. Advertisement or conveyance of plan in absence of licensure of seller and prior registration of plan prohibited; materials to be furnished commission by seller of plans; exemptions.

Section 27-32-30. Materials to be kept among business records of seller of plans.

Section 27-32-40. Furnishing copy of contract to purchaser; terms thereof.

Section 27-32-50. Request to cancel contract.

Section 27-32-55. Vacation time sharing resale services; written contract; and other requirements.

Section 27-32-60. Refund upon cancellation; escrow account.

Section 27-32-70. Misrepresentation of right to cancel.

Section 27-32-80. Transfer of seller's interest in plan or facilities to third party.

Section 27-32-90. Escrow accounts; provisions; refunds; audits and examinations; disputed funds; investments and interest; record keeping; financial assurances.

Section 27-32-100. Public offering statements; contents.

Section 27-32-110. Prohibited practices.

Section 27-32-115. Finder's fees; limitations on finder's activities.

Section 27-32-120. Penalties for violation of chapter; effect on contract.

Section 27-32-130. Enforcement and implementation of chapter; regulations.

Section 27-32-140. Materials required to be filed with plans concerning facilities not substantially completed.

Section 27-32-150. Fee for registration and renewal of vacation time sharing plans; examination of documentation pertaining to advertisement or sale; expenses for investigation and prosecution.

Section 27-32-160. Grants in aid and contracts with similar agencies to further objectives.

Section 27-32-170. Proceeds from sale or exchange exempt from sales tax.

Section 27-32-180. Registration of persons engaging in the sale of vacation time sharing plans; form and contents; exemption for regular employees of seller; fees; seller's supervision and control; renewal.

Section 27-32-190. Registration of plans; powers of the commission.

Section 27-32-200. Vacation Time Sharing Recovery Fund.

Section 27-32-210. Recovery from fund; conditions.

Section 27-32-220. Limitations on payments from fund.

Section 27-32-230. Arbitration; automatic revocation of license; applicant receiving award to subrogate rights.

Section 27-32-240. Property taxation of time share units; valuation; assessment; enforcement.

Section 27-32-250. Sales or exchanges of vacation multiple ownership interests.

Section 27-32-300. Short title.

Section 27-32-305. Purpose.

Section 27-32-310. Definitions.

Section 27-32-315. Who may serve as trustee; appointment of successor trustee; notice of substitution of trustee.

Section 27-32-320. Mortgage and assessment lien foreclosure statements; Resolution Trust Corporation mortgages.

Section 27-32-325. Conditions for exercise of power of sale by trustee.

Section 27-32-330. Notification of obligor; perfection of notice.

Section 27-32-335. Contents, recording, and publication of notice of sale; right to cure default; copy to obligor; subsequent interests.

Section 27-32-340. Certificate of compliance; contents; recording; reliance on lienholder for facts and circumstances of default.

Section 27-32-345. Public sale procedures; certificate of sale.

Section 27-32-350. Effect of sale on rights of parties; lienholder deficiency judgment; validity of sale presumed.

Section 27-32-355. Trustee's deed; release of lien extinguished by sale.

Section 27-32-360. Disposition of proceeds of sale; costs and fees.

Section 27-32-365. Trustee's deed; contents; effect; liability of trustee.

Section 27-32-370. Relation of article to other foreclosure proceedings; right of action preserved; severability; managing entity to release address of timeshare owner.

Section 27-32-400. Citation of article.

Section 27-32-405. Purpose.

Section 27-32-410. Timeshare closing; time; representation; notice to purchaser; contents.

Section 27-32-500. Short title.

Section 27-32-505. Purposes of article.

Section 27-32-510. Extension of vacation time sharing plan terms; voting; quorum; proxy.

Section 27-32-520. Termination of vacation time sharing plan terms; effective date of termination; corporate status of vacation time sharing association; termination trustee; quorum; proxy.

Section 27-32-530. Application of article.