South Carolina Timeshare Rescission Timeline Checklist

If you’ve signed a timeshare contract in South Carolina, you have 5 calendar days to cancel it without penalties. This period begins on the later of two dates: the contract signing date or the date you received the required disclosure statement. Missing this deadline locks you into long-term financial obligations like maintenance fees and assessments, so acting quickly is key.

Key Steps to Cancel:

1. Calculate Your Deadline: Start counting from the later of the signing or disclosure date. If Day 5 falls on a Sunday, the deadline moves to Monday.
2. Write a Rescission Notice: Include your name, the seller’s details, contract info, and a clear statement of cancellation.
3. Send It Correctly: Use certified mail or a trackable delivery method to ensure proof of receipt by the seller.
4. Track Refunds: Expect full payment back within 20 days (or 30 if benefits were used).

If you miss the 5-day window, cancellation becomes more complex and may require legal action for issues like fraud or contract violations. Always keep documentation and consider consulting a timeshare attorney if needed.

Step 1: Calculate Your Rescission Deadline

To cancel your South Carolina timeshare, it’s crucial to calculate your rescission deadline accurately. Missing this deadline means you’ll remain tied to the contract and its financial obligations.

The 5-Day Rescission Period in South Carolina

South Carolina law allows you 5 calendar days to cancel your timeshare agreement. This includes all days – weekends and holidays alike – so there are no extensions for non-business days.

Your rescission period begins on whichever date is later: the day you signed the contract or the day you received the required disclosure (public offering) statement. Sometimes, the disclosure packet is handed over a day or two after signing, which can shift your starting point.

If the fifth day lands on a Sunday, the deadline is extended to Monday. For mailed cancellations, the postmark date is what matters, provided the seller receives it. For hand-delivered or couriered notices, the timestamp must fall within the 5-day window.

Determine Your Starting Date

The first step is to identify when your rescission period starts. To do this, locate two key dates in your paperwork and use the later one.

• Check your purchase contract. Look near the signature section for a field labeled “Date of Agreement,” “Execution Date,” or “Date Signed.” This is the date you and the seller signed the contract.
• Find your disclosure statement. This packet outlines the timeshare’s details, including fees and your legal rights. Look for a page titled “Receipt of Public Offering Statement” or “Acknowledgment of Disclosures,” which should indicate the date you received it.

The later of these two dates is your official starting point. For instance, if you signed the contract on Thursday, June 6, but didn’t receive the disclosure packet until Saturday, June 8, your rescission period starts on June 8.

If you’re unsure about the dates, consider consulting a timeshare attorney. Firms like Aaronson Law Firm, which specialize in timeshare cases, can review your documents and help confirm your rescission period. They even offer free consultations to help clarify your situation.

Once you’ve confirmed the starting date, move on to calculating your final deadline.

Mark Your Final Deadline

After determining your starting date, calculate your final rescission deadline.

Start by identifying the day after your starting date – this is Day 1 of your rescission period. Count forward to Day 5. If Day 5 falls on a Sunday, your deadline shifts to Monday.

Make a note of your deadline as 11:59 p.m. local time. By this time, your cancellation notice must be mailed (with a valid postmark) or delivered.

For example, if you signed the contract on Thursday, June 6, and received the disclosure packet on Saturday, June 8, your starting date is June 8. Day 1 is Sunday, June 9; Day 2 is Monday, June 10; Day 3 is Tuesday, June 11; Day 4 is Wednesday, June 12; and Day 5 is Thursday, June 13. Since Day 5 is not a Sunday, your deadline is Thursday, June 13, at 11:59 p.m. local time. Your cancellation notice must be sent or delivered by this time.

To avoid missing the deadline, set reminders and prepare your notice in advance. Keep all related documents and your marked calendar in a safe place, as these records can help resolve any disputes about meeting the deadline.

Step 2: Write and Send Your Rescission Notice

Draft and deliver a cancellation notice that meets legal requirements and includes proof of delivery.

What To Include in Your Rescission Notice

Your rescission notice should clearly state your intention to cancel the timeshare agreement. To make it legally valid in South Carolina, be sure to include:

• Your full name, mailing address, phone number, and email.
• The seller’s name and address as listed in your original purchase contract.
• Details about the timeshare, such as the property address or identification number, along with the date you signed the original contract.
• A clear statement of intent to cancel the agreement. For instance, you could write: "I am exercising my right to cancel this timeshare contract" or "I hereby rescind this timeshare purchase agreement."
• A reference to South Carolina Code Section 27-32-40, which outlines your right to cancel the contract.
• Your signature and the date to officially confirm and timestamp your cancellation request.

Once your notice is ready, the next step is to send it using a method that provides proof of delivery.

Send Your Notice With Proof of Delivery

Use a method that ensures you can verify both the mailing and receipt of your notice. Certified mail with return receipt requested is highly recommended under South Carolina law. This creates an official record of when the notice was sent and received.

Other options include overnight courier services with tracking or hand delivery with a signed acknowledgment. While electronic methods like email or fax might work if they provide verifiable proof of receipt, they can be risky if the seller disputes receiving the notice.

After sending your notice, make sure to securely store all related documents.

Save All Documentation

Keep organized records of all documents related to your cancellation to protect your rights. These include:

• A copy of your signed rescission notice.
• The postal receipt and any return receipt or delivery confirmation.
• Your original purchase contract and the public offering statement provided at the time of sale.
• Any correspondence or responses from the timeshare company regarding your cancellation.

Store these documents in chronological order and create both physical and digital copies as backups. This ensures you have proof of when the seller received your notice.

If you’re unsure about any part of this process, it’s a good idea to consult with a timeshare attorney before your cancellation deadline. Aaronson Law Firm offers free consultations and specializes in timeshare cancellations, helping you ensure your notice complies with legal requirements.

Step 3: Track Your Refund and Seller Response

Once you’ve sent your rescission notice, the next step is to ensure the timeshare company processes your cancellation and refunds your money. South Carolina law requires sellers to follow specific timelines for refunds, so keeping track of their compliance is essential to confirm your rescission is finalized.

When To Expect Your Refund

South Carolina law clearly outlines when a timeshare company must return your money, and the timeline depends on whether you’ve used any benefits under the contract before canceling.

• If you haven’t used any benefits – like staying at the property, redeeming points, or accessing perks – the seller must fully refund your payments within 20 days of receiving your rescission notice. No deductions are allowed.
• If you’ve used benefits, such as staying in the unit or using points or amenities, the seller has 30 days to issue your refund. However, they can deduct the reasonable value of any benefits you used, returning the remaining balance within that window.

The refund clock starts ticking on the date the seller receives your rescission notice. That’s why your certified mail receipt or delivery confirmation is so important – it establishes the exact date to calculate the deadline. Mark your calendar: 20 days if no benefits were used, or 30 days if benefits were used.

During this time, check your bank account, credit card statements, or mail regularly for the refund. Depending on how you paid, the company might issue a check, wire transfer, or reverse the charges on your credit card.

If the refund doesn’t arrive within the required timeframe, it’s time to take further action.

What To Do If Your Refund Is Late

If the refund deadline passes and you haven’t received your money, act quickly. Start by contacting the seller in writing. Include your contract details, the delivery confirmation date of your rescission notice, and a reference to the legal deadline (20 or 30 days). Send this communication via email and certified mail to create a clear paper trail. Ask for a status update and, if applicable, an explanation of any deductions.

If you financed the timeshare through a lender or used a credit card, notify them as well. Provide copies of your rescission notice and delivery proof, and request that they halt any further payments while the issue is being resolved.

Keep detailed records of all interactions, including dates, times, and content of your correspondence. Save copies of emails, letters, and any responses from the seller.

If the seller continues to delay or refuses to comply, consider seeking legal assistance. Aaronson Law Firm, for example, specializes in timeshare contract cancellations and can help by sending demand letters, protecting your credit, or pursuing legal action if necessary. They also offer free consultations to evaluate your case and recommend next steps.

Confirm the Rescission Is Complete

Receiving your refund is just part of the process. You’ll also need written confirmation that your timeshare contract has been fully canceled and that no future obligations remain.

Request a formal letter or email from the seller confirming the cancellation. This document should include your name, contract number, the cancellation date, and a statement that no additional payments are due. It should also confirm that any related financing or membership obligations have been terminated and detail how your refund was processed (e.g., check, wire transfer, or credit card reversal).

This confirmation is crucial to protect yourself against future disputes. It ensures the seller or any affiliates can’t bill you, send your account to collections, or claim you owe maintenance fees or assessments. It also helps if incorrect information related to the timeshare appears on your credit report.

Continue monitoring your accounts over the next few billing cycles. Check for unauthorized charges on your bank accounts, credit cards, or financing accounts tied to the timeshare. If the timeshare had an online portal or homeowners association account, log in to confirm your ownership status is marked as canceled and no future fees are listed.

If you spot any unauthorized charges after cancellation, dispute them immediately in writing with both the seller and your payment provider. Attach copies of your rescission notice, delivery proof, and cancellation confirmation. If the seller persists in billing you or sends your account to collections, contact a timeshare attorney immediately. Firms like Aaronson Law Firm can issue cease-and-desist letters, dispute invalid charges, and help protect your credit standing.

Experts recommend a few key practices during this stage:

• Always insist on written confirmation of your cancellation – don’t rely on verbal assurances from salespeople or customer service.
• Avoid using any timeshare benefits after sending your rescission notice, as this could lead to disputes or unexpected deductions.
• Keep a complete file with all related documents, including your contract, rescission letter, postal receipts, tracking details, and any correspondence.

If the seller delays, disputes, or complicates the process, consulting a timeshare-focused attorney early can make all the difference. They can ensure deadlines are enforced, documentation is handled correctly, and your cancellation is fully recognized in your financial and credit records.

sbb-itb-d69ac80

Step 4: Options After the Rescission Period Ends

If you missed the 5-day rescission window, don’t assume you’re permanently tied to your timeshare. There are still ways to challenge the agreement, especially if the seller violated the law or the terms of the contract. Here’s a breakdown of what you can do after the rescission period ends.

Other Ways To Cancel Your Timeshare

South Carolina law allows for contract challenges even after the rescission period has passed, particularly if fraud or misrepresentation occurred. Under SC Code § 27-32-110, sellers can be held accountable for false promises or omitted details. This could include unkept guarantees about timeshare weeks, property features, exchange rights, rental income, resale value, or undisclosed restrictions like blackout dates or occupancy limits.

Another potential route is identifying contract violations. For instance, if the seller did not provide the required public offering statement or disclosure documents before you signed, or if the contract lacks a proper cancellation notice, you may have grounds to void the agreement. SC Code § 27-32-40 also states that if the timeshare or its facilities are no longer available and the resort cannot provide comparable accommodations, you could challenge the contract.

Keep in mind the statute of limitations for contract claims in South Carolina is generally three years from when the issue arises (S.C. Code § 15-3-530). For fraud or misrepresentation, the clock starts when you discover – or should have reasonably discovered – the deception. Acting quickly is key to preserving evidence and building your case.

If legal cancellation isn’t an option, there are other ways to exit a timeshare, though each comes with risks. These include negotiating a deed-back or surrender agreement with the resort, selling the timeshare on the secondary market (often at a financial loss), or donating it to a charity (which may not relieve all financial obligations). Some owners consider stopping payments and “walking away,” but this can harm your credit and leave you liable for unpaid fees. Consulting an attorney before taking any action is crucial to understand the potential consequences.

To strengthen your case, gather all relevant documents, including your signed contract, the public offering statement, promotional materials, notes from the sales presentation, payment records, correspondence with the resort, and credit reports showing any negative entries tied to the timeshare.

If these grounds apply, legal expertise can help you navigate the process effectively.

Get Help From a Timeshare Attorney

Canceling a timeshare contract after the rescission period often requires the help of a specialized attorney. A timeshare attorney can analyze your sales process, contract, and documentation to identify any violations of South Carolina law, such as fraud, misrepresentation, or improper disclosures.

Aaronson Law Firm, for example, focuses on timeshare cancellations and offers free consultations to assess your case. If there’s evidence of fraud, misrepresentation, or contract violations, they can issue formal legal demand letters (Rescission Predicate Correspondence) to request cancellation and refunds. They also provide ongoing legal representation if the resort refuses to cancel the contract, including the ability to file lawsuits to void agreements. Unlike non-legal exit companies, licensed attorneys can take legal action, giving you stronger leverage.

Additionally, Aaronson Law Firm offers credit protection strategies to help minimize damage from collections or foreclosure, using letters as outlined by 15 USC 1681. They emphasize the importance of working with licensed attorneys, stating:

"Unlike timeshare exit companies, we are actual attorneys. That means that we have a fiduciary and legal obligation to put our client’s interests first."

Taking prompt action with the right legal guidance can make a significant difference in your case.

Protect Yourself From Additional Charges

While working to cancel your timeshare, it’s important to safeguard your credit and avoid unnecessary fees. Regularly monitor your credit reports through Equifax, Experian, and TransUnion. Look for entries like late payments, collection accounts, or foreclosure proceedings related to the timeshare. You can access free reports quarterly via AnnualCreditReport.com.

If you notice inaccurate or unverifiable collection entries, dispute them with the credit bureaus. Include supporting documents, such as your cancellation notice, legal demand letters, or evidence of misrepresentation. Credit bureaus are required to investigate disputes within 30 days and remove unverified information.

Before halting payments, consult an attorney. Stopping payments without a solid legal strategy can lead to collections, foreclosure, and credit damage. An attorney can advise on the best timing and approach for stopping payments and how to respond to collection notices or foreclosure threats.

Keep detailed records of all timeshare-related documents, payments, and correspondence. Avoid signing any new agreements or deed-back offers without legal review, as they could create additional liabilities. If billing continues after sending a legal demand letter, respond immediately in writing, referencing your attorney’s correspondence, and request that collection activities stop. Send all communications via certified mail and keep copies for your records.

Protecting your financial health is a critical step in fully resolving your timeshare obligations.

Conclusion: Act Quickly To Cancel Your Timeshare

Main Points From This Checklist

Here’s a quick summary of the key steps and deadlines for canceling your South Carolina timeshare:

• You have 5 calendar days from signing your timeshare contract to cancel without penalty. The countdown begins on the later date between signing the contract and receiving the disclosure. If the fifth day lands on a Sunday, the deadline extends to Monday.
• Submit a clear, written cancellation notice using a trackable delivery method. Be sure to keep proof of delivery for your records.
• Once the seller receives your notice, they are required to refund your payment fully within 20 days or within 5 days of check clearance. Keep an eye on your account and request written confirmation of the cancellation after receiving your refund.
• If you miss the 5-day rescission period, canceling becomes more complicated. It may take 12–18 months and often involves legal action for cases of fraud or misrepresentation.
• Carefully review your contract for specific cancellation instructions, double-check the mailing address, and proofread your notice. An incomplete or misdirected notice could invalidate your cancellation. Any delays, whether due to mailing issues or miscalculations, could mean missing your deadline.

How Aaronson Law Firm Can Help

If you’re unsure about the process or facing challenges, Aaronson Law Firm offers expert legal support to protect your interests.

Their team specializes in timeshare cancellations and provides free initial consultations to assess your situation. Whether you’re within the 5-day window or have already passed it, they can guide you through the process:

• For those still within the rescission period, they’ll review your contract to ensure your cancellation notice meets all requirements. They’ll also verify the proper delivery method and address, giving you peace of mind that everything is handled correctly.
• For those past the 5-day deadline, the firm investigates your sales process, contract, and documentation for any violations of South Carolina law. They can issue formal legal demand letters, known as Rescission Predicate Correspondence, to request cancellation and refunds due to fraud, misrepresentation, or improper disclosures. Unlike non-legal exit companies, Aaronson Law Firm’s licensed attorneys can file lawsuits to void agreements, giving you real legal leverage.

Additionally, they offer credit protection strategies to help minimize financial harm from collections or foreclosure proceedings. As the firm emphasizes:

"Unlike timeshare exit companies, we are actual attorneys. That means that we have a fiduciary and legal obligation to put our client’s interests first."

If time is running out or you’ve already missed your deadline, seeking legal help promptly is critical. Visit Aaronson Law Firm for a free consultation to explore your options and safeguard your financial well-being.

FAQs

What should I do if I send my rescission notice on the fifth day and it doesn’t arrive within the deadline?

In South Carolina, the timing of your decision to cancel a timeshare agreement is crucial. If you send your rescission notice on the very last day of the allowed period (for example, the fifth day in a five-day window), it still needs to meet all legal requirements to be considered valid. State law generally mandates that you send the notice through certified mail or another method that provides proof of the mailing date. However, if delays prevent the notice from arriving on time, your right to cancel might be at risk.

To prevent any issues, it’s essential to act promptly and carefully follow the instructions outlined in your timeshare contract. If you’re uncertain about your rights or how to proceed, reaching out to a legal professional, such as Aaronson Law Firm, can help ensure you understand the process and safeguard your rights.

What can I do if I find out the seller made false promises after the timeshare rescission period has ended?

If the rescission period has already ended, but you find out that the seller misled you or misrepresented critical information about the timeshare, you might still have options to cancel the contract. In cases involving fraudulent or deceptive practices, there are often legal remedies available, even after the standard rescission window has closed.

To figure out your next steps, reaching out to a legal expert in timeshare law is essential. Aaronson Law Firm specializes exclusively in handling timeshare-related cases. They can help you understand your rights and guide you through the process of addressing the issue. Plus, they offer free consultations to evaluate your situation and recommend the best course of action.

How can I make sure my timeshare cancellation is successful and doesn’t harm my credit?

To make sure your timeshare cancellation is officially acknowledged and doesn’t harm your credit, it’s crucial to follow the right legal steps. Aaronson Law Firm focuses on guiding clients through this process by preparing demand letters that meet legal standards and taking actions to safeguard your credit under federal laws like the Fair Credit Reporting Act (15 USC 1681).

Partnering with knowledgeable professionals helps you steer clear of common mistakes and ensures your cancellation is managed properly, providing reassurance about your financial well-being.

Related Blog Posts

• 5 Legal Methods to Cancel Your Timeshare Contract
• How to Submit a Timeshare Rescission Letter
• Rescission Period vs. Cancellation Rights
• North Carolina Timeshare Cancellation Laws