Ocean Club Vacations Class Action Says Timeshare Contract Violates S.C. Law

Ocean Club Vacations LLC has been hit with a class action lawsuit accusing it of violating the South Carolina Vacation Time Sharing Plans Act by failing to include a required buyer’s remorse clause in the contract.

Plaintiffs David Joseph Koerner and Jessica Anne Koerner allege they attended a timeshare sales presentation led by agents of Ocean Club Vacations on June 15, 2014. During this presentation, they were offered the purchase of a timeshare vacation ownership interest for the price of $21,900 and $524.06 in closing costs, according to the South Carolina timeshare class action lawsuit.

The Koerners accepted the offer and entered into a timeshare contract with Ocean Club Vacations, and currently possess an ownership interest in a timeshare located in Horry County, S.C.

According to the Ocean Club Vacations class action lawsuit, the timeshare contract should be governed under the laws of South Carolina, including the South Carolina Vacation Time Sharing Plans Act (Timeshare Act). However, the plaintiffs argue that the timeshare contract fails to include specific language required by the Timeshare Act.

“The Timeshare Act specifically and unequivocally provides that it is a violation … for a timeshare seller to sell a South Carolina timeshare interest pursuant to a contract that does not conform the requirements of the Timeshare Act, specifically including certain verbatim language to be located in specific locations within such contract and otherwise in certain specific manners,” the Ocean Club Vacations class action lawsuit alleges.

Specifically, the plaintiffs claim that the contract fails to include the required buyer’s remorse clause informing them that they may cancel the contract without penalty within five days of the date they signed the contract, and that it fails to state the method by which the contract could be cancelled.

Because Ocean Club Vacations failed to include the buyer’s remorse clause in the contract in violation of the Timeshare Act, the Koerners say their contract is voidable and that they are entitled to “refund of all consideration” paid pursuant to the contract.

The South Carolina timeshare class action lawsuit alleges the Koerners suffered damages including the amount paid for the purchase of the timeshare interest, as well as the closing costs, maintenance fees and other amounts they paid.

The Koerners seek to represent themselves and a Class of consumers who purchased timeshare interests from Ocean Club Vacations in which the contract failed to include language required by the South Carolina Vacation Time Sharing Plans Act.

According to the Ocean Club Vacations class action lawsuit, “hundreds or possibly thousands” of consumers may qualify as Class Members.

The Koerners are seeking a declaration that Ocean Club Vacations violated the Timeshare Act and a rescission of all timeshare purchase contracts. They are seeking actual and other damages in an amount to be determined at trial, as well as any other relief deemed proper by the court.

The plaintiffs are represented by Joseph DuBois and Zach S. Naert of Naert and DuBois LLC.

The Ocean Club Vacations Class Action Lawsuit is David Joseph Koerner and Jessica Anne Koerner v. Ocean Club Vacations LLC, Case No. 4:17-cv-01566-RBH, in the U.S. District Court for the District of South Carolina, Florence Division.