South Carolina General Assembly
108th Session, 1989-1990

Bill 1591


                    Current Status

Bill Number:               1591
Ratification Number:       668
Act Number                 544
Introducing Body:          Senate
Subject:                   Vacation time-sharing plan; cancellation
                           in bold type
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A544, R668, S1591)

AN ACT TO AMEND SECTION 27-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME-SHARING PLANS, SO AS TO PROVIDE FOR THE CANCELLATION STATEMENT FOR A LEASE AND OWNERSHIP PLANS SIGNED BY THE BUYER TO BE IN BOLD TYPE ON A SEPARATE PAGE INSTEAD OF IN NO SMALLER TYPE THAN THAT IN THE BODY OF THE CONTRACT.

Be it enacted by the General Assembly of the State of South Carolina:

Vacation time-sharing plan; cancellation in bold type

SECTION 1. Section 27-32-40 of the 1976 Code, as amended, is amended to read:

"Section 27-32-40. (A) It shall be a violation of this chapter for the seller of a vacation time-sharing plan to fail to utilize and furnish the buyer with a fully completed copy of a contract pertaining to such sale at the time of its execution which shall include:

(1) the actual date the contract is executed by all parties;

(2) the name and address of the seller;

(3) in immediate proximity to the space reserved in the contract for the signature of the buyer and in bold type on a separate page which must be signed by the buyer as an acknowledgment:

(a) in the case of a vacation time-sharing lease plan the following statement:

'YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION WITHIN FOUR DAYS, NOT INCLUDING SUNDAY IF THAT IS THE FOURTH DAY, FROM THE ABOVE DATE. YOU MAY ALSO CANCEL THIS CONTRACT AT ANY TIME IN CASE THE ACCOMMODATIONS OR FACILITIES ARE NO LONGER AVAILABLE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY SENDING NOTICE TO (NAME OF SELLER) BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AT (SELLER'S ADDRESS).'

(b) in the case of a vacation time-sharing ownership plan the following statement:

'YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION WITHIN FOUR DAYS, NOT INCLUDING SUNDAY IF THAT IS THE FOURTH DAY, FROM THE ABOVE DATE, BY NOTIFYING THE SELLER IN WRITING OF YOUR INTENT TO CANCEL, SENDING HIM NOTICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. THIS RIGHT TO CANCEL SHALL NOT SURVIVE THE ACTUAL TRANSFER OF TITLE BY DEED WHERE THERE HAS BEEN AT LEAST THREE DAYS BETWEEN THE SIGNING OF THE CONTRACT AND TRANSFER BY DEED.'

(B) It shall be a violation of this chapter for the seller of a vacation time-sharing ownership plan to fail to furnish the buyer with an inventory of all furniture, fixtures, and appliances which will be located in the accommodation during the time period purchased under a vacation time-sharing lease plan or at closing."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 6th day of June, 1990.