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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  17 years of legal experience including real estate law.
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I signed a timeshare purchase on Hiltion Head, SC on 11-10-13.

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I signed a timeshare purchase on Hiltion Head, SC on 11-10-13. there is a five day cancellation clause stating i must notify the seller in writing. My question, are they required to recieve the notice in five days after the contract was signed or it is legal as long as the notice is postmarked by the fifth day?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have a fax number or e-mail address to contact the company?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.


the fax number given by the Verification Officer, Rob Lauderman, is 843-84205143. No email address just the web site www.thecoralresorts.com


 


Would you want me to scan and email you a copy of the contract cancellation clause?


 

Hello again and thank you for clarifying that for me, Jerry.

Pursuant to S.C. Code Ann. § 27-32-40(B), the notice is effective as of the date postmarked provided the seller does receive the notice. Here is a link to the statute:

http://www.scstatehouse.gov/code/t27c032.php

Just to be sure you are not prevented from canceling the contract because the notice is lost in the mail, it is typically best to send the notice by fax and certified mail typically.

If the notice were mailed and lost (or the seller argued that they did not receive it), then you could be bound the contract as agreed and cancelation would no longer an option, so to avoid that possibility, it is usually best to send the notice both by fax and certified mail.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.


just want to reconfirm that as long as i can prove i sent the cancellation it will be okay. you indicate it only works if they recieve the notice, i can see them not acceptinting certified letter and I am not aware of a way to prove they recieved a fax ( i know i can show it was faxed and/or mailed via certified mail but if they say they didn't recieve the notice then i am stuck. Correct? it is a six hour drive but wondering if i would be better protected if i drove to their office and personally delivered the notice.

Hello again,

A fax transmission report to their listed number would typically be enough proof that they received the notice. They could potentially refuse a certified letter and prevent the notice from being received (although I have not personally heard of that occurring), so it is best to also send the notice by fax.

Driving to their offices is typically unnecessary if you can retain a fax transmission report that the notice was sent to their offices.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.


one more question, as you can see i keep thinking of the "what if", the contract was signed on 11-10-13. the cancellation clause states "...within five days after you sign the contract, not including Sunday if that is the fifth day..." so I am correct in that today is the fifth day (within the time frame to cancel). Correct?

Yes, today would be the 5th and last day for you to cancel the contract pursuant to the SC statute typically, so it is critical to get the notice postmarked by today to exercise your right to cancel it. Or you can hand deliver it if you so choose.
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