reglab/housing_qa huggingface dataset:
SC Code § 27-32-345 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-345. Public sale procedures; certificate of sale.

 (A) The sale of a timeshare estate by public auction must be held in the county in which the timeshare estate is located, on the date and at the time and place designated in the notice of sale.  (B) Any person, including the lienholder, may bid at the sale. The trustee may bid for the lienholder but not for himself or herself. If the trustee designates another person to bid for the lienholder, the trustee may conduct the sale and act as the auctioneer.  (C) The person conducting the sale may postpone the sale from time to time. In such case, notice of postponement must be given by oral public proclamation thereof by the person conducting the sale at the time and place last appointed for the sale. The notice of sale regarding the postponed sale must be mailed and recorded pursuant to Section 27-32-330. The effective date of the initial notice of sale for purposes of Section 27-32-330 is not affected by a postponed sale.  (D) The buyer must pay in cash or certified funds at the day of sale the price bid to the person acting as the auctioneer. The lienholder must receive a credit on its bid for the amount set forth in the notice of sale as required by Section 27-32-330.  (E) Upon the issuance of the trustee's deed, the buyer at the sale is entitled to possession and use of the timeshare estate in accordance with the timeshare instrument. Foreclosure by an assessment lienholder does not affect the interest of the mortgage lienholder except as provided in Section 27-32-320(C). Any other person thereafter claiming possession of the timeshare estate is considered to be a tenant at sufferance, and the buyer is entitled, upon application to a court of competent jurisdiction, to a writ of possession.  (F) On the date of the sale and upon receipt of the amount bid, the trustee must issue to the buyer a certificate of sale stating that a foreclosure conforming to the requirements of this article has occurred, including the time, place, and date of the sale; that the property was sold; the amount of the mortgage lien or the assessment lien, as applicable; the amount of the purchase price; and the name and address of the successful bidder. A copy of the certificate of sale must be mailed by certified or registered mail, postage prepaid, to all persons entitled to receive a notice of sale under Section 27-32-330.  HISTORY: 2000 Act No. 262, Section 1.
SC Code § 27-32-350 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-350. Effect of sale on rights of parties; lienholder deficiency judgment; validity of sale presumed.

 (A) A sale conducted pursuant to Section 27-32-345 forecloses and terminates all interest in the timeshare estate of all persons to whom notice is given under Sections 27-32-325 and 27-32-330 and of any other person claiming by, through, or under such person. A failure to give notice to any person entitled to notice does not affect the validity of the sale as to persons notified. A person entitled to notice but not given notice has the rights of a person not made a defendant in a judicial foreclosure. Any subsequent foreclosure required by failure to notify a party under Section 27-32-330 may be conducted under this article.  (B) On the issuance of a certificate of sale pursuant to Section 27-32-345, all rights of redemption foreclosed pursuant to this article terminate.  (C) The lienholder has no right to any deficiency judgment against the obligor after a sale of the obligor's timeshare estate under this article as to the lien foreclosed.  (D) The validity of the sale is presumed upon the recording of the certificate of compliance and issuance of the certificate of sale.  HISTORY: 2000 Act No. 262, Section 1.
SC Code § 27-32-355 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-355. Trustee's deed; release of lien extinguished by sale.

 Ten days after a sale, absent the filing and service on the trustee of a judicial action to enjoin issuance of the trustee's deed to the timeshare estate or objecting to the sale on the grounds that the requirements of this article were not met by the trustee, the trustee must issue a trustee's deed to the purchaser at the sale. This deed must be recorded in the Register of Deeds office in the county in which the timeshare estate is located. In addition, the trustee must prepare the necessary release or satisfaction of any lien extinguished by the sale and file those documents and the trustee's deed at the appropriate Register of Deeds office.  HISTORY: 2000 Act No. 262, Section 1.
SC Code § 27-32-360 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-360. Disposition of proceeds of sale; costs and fees.

 (A) The trustee must apply the proceeds of the sale as follows:  (1) to the expenses of the sale, including compensation of the trustee and a reasonable fee by the person who conducted the sale, if applicable;  (2) to the amount owed set forth in the notice as required by Section 27-32-335;  (3) to all junior interest holders as their liens or interests may appear of record in the order of priority;  (4) the surplus, if any, to an obligor entitled to such surplus.  (B) In disposing of the proceeds of sale, the trustee may rely on the information provided in the public records as to the claims of junior interest holders and, in the event of a dispute or uncertainty over such claims, the trustee has the discretion to submit the matter to adjudication by court, by interpleader, or otherwise. All costs and fees, including attorney's fees and costs, of adjudication must be paid out of the proceeds of sale after payment of the amounts required to be paid by items (1) and (2) of subsection (A).  HISTORY: 2000 Act No. 262, Section 1.
SC Code § 27-32-365 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-365. Trustee's deed; contents; effect; liability of trustee.

 (A) The trustee's deed must include the name and address of the trustee, the name and address of the buyer, the name of the obligor, including the owner of the timeshare estate on the date of the recordation of the notice of sale, and the name and address of the preparer of the trustee's deed. The trustee's deed must recite that the certificate of compliance was recorded after the regular conduct of a sale, and shall contain no warranties of title from the trustee.  (B) Upon the recording of the trustee's deed, the certificate of compliance and trustee's deed together are conclusive evidence of the truth of the matters set forth therein.  (C) The trustee's deed conveys to the purchaser all right, title, and interest in the timeshare estate that the obligor had, or had the power to convey, at the time of the execution of the mortgage or recording of the claim of lien together with all right, title, and interest in the owner or his successors in interest acquired after the execution of the mortgage or recording of the claim of lien.  (D) If an action is filed based on any claim that the trustee failed to follow the procedures in this article or that the sale was otherwise improper, it is presumed that the trustee was acting solely as the agent of the lienholder, and any liability resulting therefrom is the sole responsibility of the lienholder, mortgagee or managing entity and not the trustee.  HISTORY: 2000 Act No. 262, Section 1.
SC Code § 27-32-370 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-370. Relation of article to other foreclosure proceedings; right of action preserved; severability; managing entity to release address of timeshare owner.

 (A) The procedures set forth in this article do not impair or otherwise affect the continuing right to bring a judicial action to foreclose a mortgage lien or claim of lien which has not been satisfied by a sale conducted pursuant to Section 27-32-345.  (B) Nothing in this article shall be construed to impair the right of any person to assert his or her legal and equitable rights in a court of competent jurisdiction; however, no such action may be pursued to set aside a sale or void a trustee's deed subsequent to the recordation of the trustee's deed.  (C) The procedures in this article must be given effect in the context of any reference to judicial foreclosure proceedings or procedures set forth in this chapter.  (D) If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application. To this end, the provisions of this article are declared severable.  (E) Notwithstanding anything to the contrary, a managing entity must release the address of the owner of a timeshare estate to a lienholder who can demonstrate that the timeshare estate is subject to an assessment lien or a mortgage lien held by the lienholder. This information may be used by the lienholder solely for purposes of complying with the foreclosure procedures described in this article.  HISTORY: 2000 Act No. 262, Section 1.
SC Code § 27-32-400 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-400. Citation of article.

 This article may be cited as the "Time Sharing Transaction Procedures Act".  HISTORY: 2006 Act No. 310, Section 1, eff June 1, 2006.
SC Code § 27-32-405 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-405. Purpose.

 The General Assembly declares that the purposes of this article are to recognize that:  (A) timeshare estates are interests in real property and have been so created and designated by a specific act of the legislature codified in Chapter 32, Title 27 of the 1976 Code;  (B) timeshare estates are used for a vacation experience and may not be used for homestead purposes;  (C) timeshare estates, while interests in residential real property, are statutorily prohibited from being used for homestead purposes, are not offered for investment purposes, do not include many typical rights afforded owners of interests in residential real property such as rights to continuous exclusive possession and partition and are typically purchased and sold as fungible vacation commodities;  (D) timeshare estates located in South Carolina are sold primarily to nonresidents;  (E) the purchaser of an interest in a vacation time sharing plan in this State is afforded significant and unique consumer protections not available to purchasers of other forms of real property;  (F) the process involved in the purchase and sale of interests in a vacation time sharing plan is unlike traditional residential real property and, due to the provisions of this act, require unique practices and procedures;  (G) as part of each sale of an interest in a vacation time sharing plan, every purchaser must be given a comprehensive disclosure document that includes the material terms and conditions of the vacation time sharing plan;  (H) purchasers of interests in a vacation time sharing plan have an unqualified five-day pre-closing right of rescission;  (I) each developer of a vacation time sharing plan must place all purchaser funds in escrow, or otherwise secure such funds, prior to the expiration of the five-day rescission period and before the timeshare closing can occur;  (J) the South Carolina legislature specifically established the South Carolina Vacation Time Sharing Recovery Fund in order to provide additional redress for aggrieved purchasers of interests in a vacation time sharing plan in South Carolina;  (K) prior to the sale or offering of an interest in a vacation time sharing plan in South Carolina, the vacation time sharing plan, and the documents used in connection therewith, must be submitted to the South Carolina Real Estate Commission for its review and approval;  (L) the South Carolina Real Estate Commission, as part of its regulatory mandate, scrutinizes the practices and procedures of persons developing or selling interests in vacation time sharing plans in this State; and  (M) the economic health and continued stability of the vacation time sharing industry should be subject to the clear identification of various procedures involved in the purchase and sale of an interest in a vacation time sharing plan and the timeshare closing itself.  HISTORY: 2006 Act No. 310, Section 1, eff June 1, 2006.
SC Code § 27-32-500 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-500. Short title.

 This article may be cited as the "Vacation Time Sharing Plan Extension and Termination Act".  HISTORY: 2019 Act No. 66 (H.3754), Section 3, eff May 16, 2019.
SC Code § 27-32-505 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-505. Purposes of article.

 The General Assembly declares that the purposes of this article are to recognize that:  (A) Vacation time sharing plans are created as authorized by statute with most of the older vacation time sharing properties based on a horizontal property regime structure, and many of these older vacation time sharing properties are approaching the termination dates set forth in their governing documents, some of which governing documents address termination or extension of the vacation time sharing property and some of which do not address termination or extension.  (B) In order to provide the owners of vacation time sharing interests with the right to terminate vacation time sharing plans or to extend the terms of vacation time sharing plans and preserve the continued use, enjoyment, and tax values of these time sharing properties, the General Assembly further declares that the public policy of this State requires the creation of a statutory method to enable the owners of these vacation time sharing properties to either terminate their vacation time sharing plans or extend the terms of their vacation time sharing plans, notwithstanding contrary provisions in their governing documents which may create uncertainty for purchasers, prospective purchasers, owners, and lenders, and which may discourage the ongoing maintenance, refurbishment, and improvement of these vacation time sharing properties.  HISTORY: 2019 Act No. 66 (H.3754), Section 3, eff May 16, 2019.
SC Code § 27-32-510 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-510. Extension of vacation time sharing plan terms; voting; quorum; proxy.

 (A) Unless the timeshare declaration provides a lower percentage, the vote or written consent, or both, of sixty percent of all eligible voting interests in a vacation time sharing plan may extend the term of the vacation time sharing plan at any time. If the term of a vacation time sharing plan is extended pursuant to this section, all rights, privileges, duties, and obligations created under applicable law or the timeshare declaration continue in full force to the same extent as if the extended termination date of the vacation time sharing plan were the original termination date of the vacation time sharing plan.  (B) Unless the timeshare declaration specifically provides for a lower quorum, the quorum for a vacation time sharing association meeting to consider extension of the term of the vacation time sharing plan is fifty percent of all eligible voting interests in the vacation time sharing plan.  (C) A vacation time sharing association meeting held to consider extension of the term of the vacation time sharing plan may be held at any time before the termination of the vacation time sharing plan.  (D) The board of directors of the vacation time sharing association may determine that a voting interest that is delinquent in the payment of more than two years of assessments is ineligible to consent to or vote on an extension of the vacation time sharing plan unless the delinquency is paid in full before the consent or vote. A voting interest determined to be ineligible by the board of directors must be subtracted from the total percentage or number of all voting interests required to consent to or vote to approve the extension of the vacation time sharing plan and must not be considered for any purpose, including the percentage or number of voting interests necessary to constitute a quorum.  (E) A proxy for a vote to extend a vacation time sharing plan pursuant to this section is valid for up to three years and is revocable unless the proxy states it is irrevocable.  HISTORY: 2019 Act No. 66 (H.3754), Section 3, eff May 16, 2019.
SC Code § 27-32-530 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 32 - Vacation Time Sharing Plans|Section 27-32-530. Application of article.

 The provisions of this article apply to all vacation time sharing plans in this State in existence on or after the effective date of this article and apply retroactively.  HISTORY: 2019 Act No. 66 (H.3754), Section 3, eff May 16, 2019.
SC Code § 27-33-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 33 - Landlord And Tenant Generally|Section 27-33-10. Definitions.

 (1) Domestic servant. -A person using or occupying real estate while serving another as a domestic servant shall be deemed a "domestic servant";  (2) Farm laborer. -A person using or occupying real estate while working either as a sharecropper or otherwise as a farm laborer shall be deemed a "farm laborer";  (3) Tenant at will. -Every person other than the owner of real estate, excepting a domestic servant and farm laborer, using or occupying real estate without an agreement, either oral or in writing, shall be deemed a "tenant at will";  (4) Tenant for a term. -A person other than the owner using or occupying real estate under a written or oral agreement shall be deemed a "tenant for a term";  (5) Tenant for years. -A person other than the owner using or occupying real estate under a written agreement for a term of one year or more shall be deemed a "tenant for years";  (6) Agricultural renter. -A person renting lands for agricultural purposes shall be deemed an "agricultural renter";  (7) Landlord.-"Landlord" shall be construed to include the owner or person in possession or entitled to possession of the real estate used or occupied by the tenant as well as the employer of farm laborers and domestic servants; and  (8) Tenant.-"Tenant" shall be construed to mean tenant at will, tenant for a term, tenant for years, domestic servant, farm laborer, sharecropper and agricultural renter.  HISTORY: 1962 Code Section 41-1; 1952 Code Section 41-1; 1946 (44) 2584.
SC Code § 27-33-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 33 - Landlord And Tenant Generally|Section 27-33-20. Applicability of certain statutory provisions relating to landlord and tenant.

 The provisions of Chapters 33 to 37, Section 27-39-10 and Article 3 of Chapter 39 of this Title, other than Sections 27-35-80, 27-35-170, 27-35-180, 27-39-280 and 27-39-300, shall not apply to (a) lessees of timber, (b) the user or beneficiary of any easement or (c) the use or occupancy of any land by any person engaged in rendering public utility service for the construction and maintenance of electric power, telephone, telegraph, water or gas lines.  HISTORY: 1962 Code Section 41-2; 1952 Code Section 41-2; 1946 (44) 2584.
SC Code § 27-33-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 33 - Landlord And Tenant Generally|Section 27-33-30. Recordation of leases.

 In order to give notice to third persons any lease or agreement for the use or occupancy of real estate shall be recorded in the same manner as a deed of real estate.  HISTORY: 1962 Code Section 41-4; 1952 Code Section 41-4; 1946 (44) 2584.
SC Code § 27-33-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 33 - Landlord And Tenant Generally|Section 27-33-40. Concurrent jurisdiction of judges and magistrates.

 The judges of the circuit courts and county courts in this State shall have concurrent jurisdiction with and may exercise all of the duties and powers conferred upon magistrates by any provisions of Chapters 33 through 41 of this Title.  HISTORY: 1962 Code Section 41-5; 1952 Code Section 41-5; 1951 (47) 221; 1972 (57) 2538.
SC Code § 27-33-50 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 33 - Landlord And Tenant Generally|Section 27-33-50. Financial responsibility of tenant for utilities.

 (A) Unless otherwise agreed in writing, a tenant has sole financial responsibility for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases, and a landlord is not liable for a tenant's account.  (B) An entity or utility providing gas, electric, water, sewerage, or garbage services must not:  (1) require a landlord to execute an agreement to be responsible for all charges billed to premises leased by a tenant; or  (2) discontinue or refuse to provide services to the premises the tenant leases based on the fact that the landlord refused to execute an agreement to be responsible for all the charges billed to the tenant leasing that premises.  (C) This provision does not apply to a landlord whose property is a multi-unit building consisting of four or more residential units served by a master meter or single connection.  HISTORY: 2002 Act No. 336, Section 3A; 2003 Act No. 63, Section 1.
SC Code § 27-35-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates|Section 27-35-10. Tenancies created by oral agreement.

 A tenancy for not to exceed one year may be created by oral agreement.  HISTORY: 1962 Code Section 41-51; 1952 Code Section 41-51; 1946 (44) 2584.
SC Code § 27-35-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates|Section 27-35-20. Agreement for more than one year.

 Any agreement for the use or occupation of real estate for more than one year shall be void unless in writing.  HISTORY: 1962 Code Section 41-52; 1952 Code Section 41-52; 1946 (44) 2584.
SC Code § 27-35-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates|Section 27-35-30. Tenancies deemed month to month; exceptions.

 All tenancies of real estate other than agricultural lands shall be deemed from month to month unless there be an agreement otherwise. But this section shall not apply to domestic servants, farm laborers or tenants at will.  HISTORY: 1962 Code Section 41-53; 1952 Code Section 41-53; 1946 (44) 2584.
SC Code § 27-35-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates|Section 27-35-40. Use of premises without agreement or permission or by trespass; rent.

 When a person enters upon or uses the premises of another without agreement or without the permission of the owner or by trespass the owner may at his option waive such tort and treat and deem such person a tenant at will. In such case the landlord shall have and be entitled to a reasonable rental for the use and occupation of such premises and all remedies for the enforcement of his rights in respect thereto as in other cases of tenancy at will.  HISTORY: 1962 Code Section 41-54; 1952 Code Section 41-54; 1946 (44) 2584.