reglab/housing_qa huggingface dataset:
SC Code § 27-31-430 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 31 - Horizontal Property Act|Section 27-31-430. Disclosure of physical condition of building.

 Whenever the lessee, sole owner, or co-owner of a building declares the undertaking of a conversion of rental units to condominium ownership through the recordation of a master deed or master lease, written disclosure shall be made within thirty days of the date of the recordation to all prospective purchasers, including tenants in possession, as to the physical condition of the building. The disclosure shall contain a written report prepared by an independent registered architect or engineer licensed to practice his profession in this State, describing the present condition of all general common elements. The report shall contain a good faith estimate of the remaining useful life to be expected for each item reported on, together with a list of any notices of uncured violations of building codes or other county or municipal regulations, together with the estimated cost of curing those violations. The good faith estimate of useful life shall not constitute a warranty and, as to an independent registered architect or engineer licensed to practice his profession in this State, shall not be deemed a representation of material fact or an inducement to purchase and shall not give rise to any cause of action at law or in equity against such architect or engineer. A failure to make the disclosure required by this section shall constitute a violation of the South Carolina Unfair Trade Practices Act.  HISTORY: 1983 Act No. 37, Section 2.
SC Code § 27-31-440 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 31 - Horizontal Property Act|Section 27-31-440. Abandoning conversion program.

 Nothing contained in this article shall require the lessee, sole owner, or co-owner to convert to a condominium if, after recording the master deed or master lease and giving the required notices, the lessee, sole owner, or co-owner finds that he cannot meet any presale requirements that he has established or that he no longer wishes to convert the property.  HISTORY: 1983 Act No. 37, Section 3.
SC Code § 27-32-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-30. Materials to be kept among business records of seller of plans.

 It is a violation of this chapter for a person offering vacation time sharing plans for sale to the public to fail to keep among its business records a:  (1) copy of each item required to be submitted to the commission pursuant to Section 27-32-20;  (2) copy of the contract from each sale of the vacation time sharing plan, which contract must be retained for at least three years after parties to the vacation time sharing plan have completely performed all of their obligations under it; and  (3) list of all employees, and their last known mailing addresses, which list must include all current employees and all previous employees whose employment was terminated within the preceding three years.  HISTORY: 1978 Act No 640, Section 1; 1979 Act No. 179, Section 1; 2003 Act No. 84, Section 1.
SC Code § 27-32-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|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.
SC Code § 27-32-50 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-50. Request to cancel contract.

 It is a violation of this chapter for the seller of vacation time sharing plans, or his assignees, to fail or refuse to honor a purchaser's request to cancel a contract as provided by Section 27-32-40 if the request is made; except that this section does not deny the seller the option to repair, replace, or reconstruct within a reasonable time the accommodations or facilities if destroyed or damaged.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 2003 Act No. 84, Section 1.
SC Code § 27-32-60 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-60. Refund upon cancellation; escrow account.

 It is a violation of this chapter for a seller of vacation time sharing plans to:  (1) fail to refund payments made by the purchaser pursuant to the contract and return a negotiable instrument, other than a check, executed by the purchaser in connection with the contract or services within twenty days after receipt of notice of cancellation made pursuant to Section 27-32-40, if the purchaser has not received benefits pursuant to the contract;  (2) if the purchaser has received benefits pursuant to the contract, fail to refund within thirty days after receipt of notification of cancellation made pursuant to Section 27-32-40 or 27-32-50 payments made by the purchaser to the seller which exceed a pro rata portion of the total price, taking into consideration the cost and use of the time share facilities at an average rental rate, representing the proportion of contract benefits actually received by the purchaser during the time preceding cancellation;  (3) fail to place in a real estate broker's trust account, or another escrow arrangement approved by the commission, one hundred percent of the funds received from the purchasers of the plans, which trust account must provide that:  (a) its purpose is to protect the purchaser's right to refund during the five-day right to cancellation period as provided in Section 27-32-40 or 27-32-50; and  (b) funds may be withdrawn by the seller pursuant to Section 27-32-90.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 1982 Act No. 416, Section 3; 2003 Act No. 84, Section 1.
SC Code § 27-32-70 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-70. Misrepresentation of right to cancel.

 It is a violation of this chapter for a seller of vacation time sharing plans, or his assignees, to misrepresent in any manner the purchaser's right to cancel provided by this chapter.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 2003 Act No. 84, Section 1.
SC Code § 27-32-80 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-80. Transfer of seller's interest in plan or facilities to third party.

 It is a violation of this chapter for a seller of vacation time sharing plans to sell, lease, assign, or otherwise transfer or encumber the seller's interest in the vacation time sharing plan or the accommodations or facilities to a third party when the sale, lease, assignment, or other transfer substantially affects the rights of the purchasers of the vacation time sharing plan, unless:  (1) the third party agrees in writing to honor fully the rights of purchasers of the vacation time sharing plan to occupy and use the accommodations or facilities;  (2) the third party agrees in writing to honor fully the rights of purchasers of the vacation time sharing plan to cancel their contracts and receive an appropriate refund as provided in this chapter;  (3) the third party agrees in writing to comply with the provisions of this chapter for as long as the third party continues to sell the vacation time sharing plan, or for as long as purchasers of the vacation time sharing plan are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and  (4) written notice is sent to each purchaser of a vacation time sharing plan affected by the transfer by certified mail within thirty days of the sale, lease, assignment, or other transfer.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 2003 Act No. 84, Section 1.
SC Code § 27-32-100 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-100. Public offering statements; contents.

 It is a violation of this chapter for a person who sells or offers to sell an interest in a vacation time sharing plan subject to Section 27-32-20, to fail to provide to the prospective purchaser a separate written public offering statement regarding the vacation time sharing plan and the purchaser's rights and obligations associated with the purchase of an interest in that vacation time sharing plan. The written statement must be received by the purchaser before signing a contract for the sale of a vacation time sharing plan and must include:  (1) the name and address of the seller;  (2) a brief description of the interest being offered in the vacation time sharing plan;  (3) the name of a person with the right to alter, amend, or add to charges to which the purchaser may be subject and the terms and conditions under which those charges may be imposed;  (4) a general description of all furniture, fixtures, and appliances, if known, to be located in the accommodations during the time period purchased;  (5) the nature and duration of each agreement between the person selling the vacation time sharing plans and the person managing the accommodations or other facilities of the time sharing plan;  (6) a description of provisions to protect the purchaser's interest from loss due to foreclosure on an underlying financial obligation of the vacation time sharing plan;  (7) a description of assurances of completion required pursuant to Section 27-32-140;  (8) the date of availability of each amenity of the offered accommodations and facilities if they are not completed at the time of sale of each vacation time sharing plan;  (9) a statement, if applicable, that the salespersons for the vacation time sharing plan represent the seller and not the prospective purchaser;  (10) a statement, substantially similar to the following:  "You should purchase a time sharing interest as a vacation experience and for your personal use and enjoyment. You should not purchase a time sharing interest as an investment or for profit upon its rental or resale.";  (11) in immediate proximity to the space reserved on the disclosure statement for the signature of the purchaser and in bold type a statement as follows:  "A purchaser should not rely upon representations other than those included in the contract and this disclosure statement." However, inclusion of this statement shall not impair the purchaser's right to bring any legal action based upon any cause of action arising from verbal statements;  (12) a space for the signature of the purchaser acknowledging receipt of the disclosure statement and the date of receipt; and  (13) other information the seller or the Real Estate Commission considers necessary for the protection of purchasers.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 2003 Act No. 84, Section 1.
SC Code § 27-32-110 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-110. Prohibited practices.

 It is a violation of this chapter for a seller of vacation time sharing plans to:  (1) use a promotional device including, but not limited to, sweepstakes, lodging certificates, gift awards, premiums, or discounts, without disclosing fully that the promotional device is used for the purpose of soliciting the sale of vacation time sharing plans;  (2) use a promotional device as described in item (1) to obtain the names and addresses of prospective purchasers without fully and prominently disclosing that names and addresses are acquired for the purpose of soliciting the sale of the vacation time sharing plans;  (3) misrepresent the amount of time or period of time the accommodations and facilities are available to a purchaser;  (4) misrepresent or deceptively represent the location of the offered accommodations and facilities;  (5) misrepresent the size, nature, extent, qualities, or characteristics of the offered accommodations and facilities;  (6) misrepresent the nature or extent of services incident to the accommodations and facilities;  (7) make misleading or deceptive representations with respect to the contents of the contract or the purchaser's rights, privileges, or benefits under it;  (8) fail to honor and comply with all provisions of the contract with the purchaser;  (9) misrepresent the conditions under which a purchaser may exchange his rights to an accommodation in one location for rights to an accommodation in another location;  (10) include in a contract a provision purporting to waive a right or benefit provided for purchasers pursuant to this chapter, or seek or solicit such a waiver during the effective period of these rules; and  (11) do any other act of fraud, misrepresentation, or failure to make a disclosure of a material fact.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 2003 Act No. 84, Section 1.
SC Code § 27-32-115 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-115. Finder's fees; limitations on finder's activities.

 Notwithstanding another provision of law, a seller may pay a finder's fee to a person who is not licensed pursuant to Chapter 57 of Title 40 and who owns an interest in the seller's vacation time sharing plan. This section does not permit a person who receives the finder's fee to advertise or promote the time sharing interest, show property, discuss terms and conditions of purchase, or otherwise participate in negotiations with regard to the time sharing interests, unless the person is a regular employee of the seller or properly licensed pursuant to Chapter 57 of Title 40.  HISTORY: 2003 Act No. 84, Section 1.
SC Code § 27-32-120 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-120. Penalties for violation of chapter; effect on contract.

 (A)(1) If, upon investigation by the Real Estate Commission, a person is found to be in violation of this chapter, the commission shall inform the person of the violation by certified mail, return receipt requested. If the commission finds the violation is of a minor nature, it may assess a monetary fine.  (2) Within ten days from receipt of the certified mail, the person found in violation of this chapter may pay the fine or take other remedial steps as the commission, in its sole discretion, may require. If a fine is not paid and other remedial agreement is not reached within the time allowed or any extension of time granted by the commission, the person may be prosecuted for the violation as otherwise provided in this section.  (3) The commission may release a person found in violation of this chapter from any further liability to the State arising from the violation, once the person pays the fine or agrees to remedial action.  (B) A person who wilfully violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not more than five thousand dollars for each violation. Conviction for a second offense is a misdemeanor and the person must be fined not more than five thousand dollars or imprisoned not more than six months, or both, for each violation. Conviction for a third or subsequent offense is a felony and the person must be fined not more than five thousand dollars or imprisoned not more than five years, or both, for each violation. For purposes of this chapter, a wilful violation occurs when the person committing the violation knew or should have known that his conduct was a violation of this chapter.  (C) In addition to the penalties provided in this section, a contract for the sale of an interest in a vacation time sharing plan in violation of this chapter is voidable at the sole option of the purchaser and entitles the purchaser to a refund of all consideration paid by him pursuant to the contract.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 1981 Act No. 106, Section 6; 1993 Act No. 184, Section 63; 1994 Act No. 385, Section 43; 2003 Act No. 84, Section 1.
SC Code § 27-32-130 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-130. Enforcement and implementation of chapter; regulations.

 The Real Estate Commission is responsible for the enforcement and implementation of this chapter and the Department of Labor, Licensing and Regulation, at the request of the Real Estate Commission, shall prosecute a violation under this chapter. The commission shall promulgate regulations for the implementation of this chapter, subject to the State Administrative Procedures Act. The provisions of this section do not limit the right of a purchaser or lessee or a vacation time sharing association to bring a private action to enforce the provisions of this chapter.  HISTORY: 1978 Act No. 640, Section 1; 1979 Act No. 179, Section 1; 1981 Act No. 106, Section 7; 1994 Act No. 385, Section 44; 2003 Act No. 84, Section 1; 2017 Act No. 90 (H.3647), Section 3, eff May 19, 2017.  Effect of Amendment  2017 Act No. 90, Section 3, inserted "or a vacation time sharing association".
SC Code § 27-32-140 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-140. Materials required to be filed with plans concerning facilities not substantially completed.

 (A) A seller who files with the commission a vacation time sharing plan or an amendment to it which describes or concerns the vacation time sharing plan, accommodations, or facilities not substantially completed, upon request of the commission also shall file with the commission the following:  (1) a verified statement showing all costs involved in completing the property;  (2) a verified statement of the time of completion of construction of the property;  (3) satisfactory evidence of sufficient funds to cover all costs to complete the property;  (4) a copy of the executed construction contract and other contracts for the completion of the property;  (5) a one hundred percent payment bond covering the entire cost of construction of the property;  (6) if purchasers' funds are to be used for the construction of the property, an executed copy of the escrow agreement with an escrow company or financial institution authorized to do business within the State, which provides that:  (a) disbursements of purchasers' funds may be made from time to time to pay for construction of the property, architectural, engineering, finance, and legal fees, and other costs for the completion of the property in proportion to the value of the work completed by the contractor as certified by a registered surveyor, architect, or engineer on bills submitted and approved by the lender of construction funds or the escrow agent;  (b) disbursements of the balance of purchasers' funds remaining after completion of the property may be made only after the escrow agent or lender receives satisfactory evidence that the period for filing mechanics' and materialmen's liens has expired or the right to claim those liens has been waived or adequate provision has been made for satisfaction of any claimed mechanics' or materialmen's liens;  (c) other requirements of the commission relative to the retention and disbursement of purchasers' funds have been met; and  (d) other materials or information required by the commission have been provided.  (B) The commission shall not register or issue an order approving a vacation time sharing plan unless the commission determines, on the basis of materials submitted by the seller, that the accommodations or facilities or additions to it will be completed.  HISTORY: 1979 Act No. 179, Section 1; 1994 Act No. 385, Section 45; 2003 Act No. 84, Section 1.
SC Code § 27-32-150 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|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.

 (A) An initial filing fee of ten dollars per each seven-day use availability, but not exceeding a maximum initial filing fee of five hundred dollars, must accompany an application for registration of a vacation time sharing plan. Upon amending an existing registration to add interests in a vacation time sharing plan, a filing fee of five dollars for each seven-day use availability added by the amendment, but not exceeding a maximum filing fee of two hundred fifty dollars, must be submitted. The annual vacation time sharing plan renewal fee is two hundred fifty dollars.  (B) All books, files, accounts, and other documents pertaining to the advertisement and sale of vacation time sharing plans located outside the State filed with the commission are subject to examination by the commission and the examinee shall pay a fee for each examiner employed to make such examination of fifty dollars per day or fraction of it, plus the actual expenses, including the cost of transportation of the examiner, while he is absent from his office for purposes of conducting the examination.  (C) The commission shall retain fees and other funds that come into its possession to use to defray expenses in the administration and enforcement of this chapter.  (D) If the commission determines that the registration, sale, or operation of a vacation time sharing plan violates this chapter in a manner that indicates bad faith or dishonesty, the commission, after notice and hearing, may assess all reasonable costs of investigation and prosecution of those violations.  HISTORY: 1979 Act No. 179, Section 1; 1994 Act No. 385, Section 46; 2003 Act No. 84, Section 1.