Nothing is more infuriating than feeling like your rights have been infringed upon, and you can bet that when that happens you will want someone in your corner, helping you to stand your ground. You will want a lawyer in Hilton Head that is educated in the law to the highest degree, that genuinely cares for your plight, and that will aggressively challenge the abuse of your rights.
If you are embroiled in Timeshare Litigation, Personal Injury Claims, Workers’ Compensation or Real Estate battles, the law firm in Hilton Head Naert & DuBois can help you today. Do not have your rights dismissed any longer, and call or email us to start a dialogue. Call us at (843) 686-5500 to set up an appointment or discuss any questions or concerns you may have, or you can visit our website to learn more.
Lowcountry Legal Blog
Pay in South Carolina
April 28, 2014
More than forty hours a week, whew! That is a lot of time
to work on a weekly basis, but we do it. And the law recognizes
both of the same. Employers may be required to pay overtime
to an employee who works more than forty hours in a weekly pay
period. The Fair Labor Standards Act (FLSA) discusses the rules
and regulations relating to overtime pay. But when it looks
like an employer may be required to pay overtime to its employee,
there may well be an exception to the general rule that exculpates
the employer from the overtime pay requirement, as is often
the case with agricultural labor and migrant farmworkers.
Rentals: The Biggest Lie of Them All?
April 20, 2014
South Carolina timeshare law prohibits timeshare sales people
from lying to potential purchasers, or marks. However, that
does not stop timeshare sales people from making fraudulent
statements to marks or targets. Specifically, South Carolina
timeshare law prohibits timeshare sales people from telling
targets that the timeshare is an investment or that the target
will somehow profit from rental income. A simple Google search
will reveal more reports of these lies told by timeshare sales
people in South Carolina and on Hilton Head Island that anyone
reasonably has time to review.
Compensation: Employees Must Look Out for Themselves
April 8, 2014
The most common scenario in a South Carolina workers' compensation
matter involves a simple on-the-job injury in South Carolina
to an employer of a South Carolina business. The employee's
job often involves laborious tasks and strenuous labor. The
employee is injured and tells his or her supervisor. The supervisor
takes the employee to get treated at the local emergency department.
Resorts Sky High and Neon Flashing Lights in My Eye, Oh My!
March 19, 2014
Towering timeshare resorts, flashing neon signs, cut throat
priced all-you-can-eat buffets, knock off .99 cent souvenirs,
and, well, you get the point. This is not Hilton Head, yet,
at least, thankfully. But I did recently visit Florida. It was
my mistake, really. Grapefruit League baseball or not. My Cardinals
did win both games, yes. And a very nice Astros reliever gave
my son his first baseball. So there were certainly some highlights,
no doubt. But is this what I have to look forward to? Will this
be Hilton Head 2020?
Many Votes Can I Cast With This Much Money?
February 24, 2014
Politics and profit go hand in hand on Hilton Head Island.
Profit and Politics in Paradise: The Development of Hilton Head
Island, by Michael N. Danielson, speaks to the history of developers
and resort operators extracting from the Island what value they
can while destroying its natural beauty, and I will quote Mr.
Danielson's book throughout this blog. Private power begets
substantial political influence. Obviously.
Head Island Timeshare Fraud Act?
February 19, 2014
Despite the best efforts of the South Carolina Real Estate
Commission to regulate the timeshare industry (list of complaints
of which the Real Estate Commission claims to be powerless to
address), hundreds and thousands of complaints from victims
of timeshare fraud on Hilton Head Island and other locations
in South Carolina persist (www.ripoffreport.com
will keep you busy).
for Mayor of Hilton Head? Responsible Tourism In and For Our
Communities: Timeshares, Resorts and Beyond
February 2, 2014
Invest in Your Community, and Your Community Will Invest
in You, says Keith Lee, Esquire, of Hammer Law Group, LLC in
his article at www.AbovetheLaw.com. And, quite frankly, I agree.
Joe and I offer free consultations at our law firm, though we
have accepted up to $50.00 on a handful of occasions. Mr. Lee
says that "[y]ou have to give yourself freely because you
genuinely want to help the community." I know that Joe
and I make it a priority to have personal and genuine attorney-client
relationships with our clients. So we do not take on cases with
which we fundamentally disagree or if we do not believe in our
clients or their causes.
Sales People Sued by Timeshare Company for Previously Paid Commissions
January 26, 2014
A timeshare company has filed a lawsuit against dozens of
its former sales people to recover previously paid commissions,
$15,000.00 or more in some instances. Here is a link to a recent
article. It appears that the contracts of the sales people allows
the timeshare company to take back previously paid commissions
under certain circumstances, despite that some of the sales
people have not worked with the timeshare company for years.
Fraud in South Carolina Timeshare
January 19, 2014
Notary fraud is a criminal misdemeanor in South Carolina.
South Carolina Code Section 26-1-95, false certification by
notary, states that "[a] notary public who, in his official
capacity, falsely certifies to affirming, swearing, or acknowledging
of a person or his signature to an instrument, affidavit, or
writing is guilty of a misdemeanor and, upon conviction, must
be fined not more than two hundred dollars or imprisoned not
more than thirty days. A notary public convicted under the provisions
of this section shall forfeit his commission and shall not be
issued another commission. The court in which the notary public
is convicted shall notify the Secretary of State within ten
days after conviction."
II: You're Still the Victim of a South Carolina Timeshare Scam
January 11, 2014
My last post entitled "You're the Victim of a Timeshare
Scam. How did that Happen?" was viewed about 120 times
in its first day. And people keep asking me, they'll say, "that's
it?" And mostly, yes, that is usually it. People are usually
only burned one time. But for many still, they will be ripped
off a second, third, fourth, fifth time maybe. So, to pick up
where we left off.
the Victim of a Timeshare Scam. How Did That Happen?
January 4, 2014
You were on vacation and someone offered you some free tickets
to an event or invited you to have dinner on them, and all in
exchange for you simply attending a short and exciting real
estate presentation. You think you know what's happening. It's
something that you can't quite put your finger on. But someone
is trying to give you something for nothing. It's a theme of
something sounding too good to be true.
Ten Timeshare Complaints in South Carolina
January 2, 2014
Joe DuBois, my law partner, brought me in on my first timeshare
case in 2012. I thought I knew someone who owned a timeshare
once. I could put together on my own that it was some sort of
vacation type package deal. It was mysterious. And I seemed
to have an inkling that there was something more to timeshares.
But what kind of boring, complicated real estate transaction
case was Joe trying to get me involved in.
Injury Claims in South Carolina
January 1, 2014
Unfortunately, every day in South Carolina undeserving people,
including drivers, passengers, bicyclists, and pedestrians,
are injured through no fault of their own and as a result of
automobile collisions caused by negligent drivers. Such injuries
are often made even more difficult due to the additional disruptions
to the injured person's life, including work, finances, and
personal relationships. This article intends to provide an overview
of various issues relating to automobile injuries and suggestions
as to how best to deal with such unforeseen challenges.
in South Carolina Divorce
December 3, 2013
Alimony is a substitute, money usually, for the support
which is normally incident to marriage. There are several purposes
and kinds of alimony, though they are most commonly to enable
the parties to continue to enjoy the standard of marriage that
they enjoyed during the marriage and in the form of periodic
and permanent payments from one spouse to the other.
November 22, 2013
Some of the most common misrepresentations made to buyers
and purchasers of timeshares mirror the Prohibited Practices
in the South Carolina Timeshare Act. SC Code Section 27-32-110(3):
"misrepresent the amount of time or period of time the
accommodations and facilities are available to a purchaser."
It is important to ensure that the terms in the purchase documentation
accurately reflects your understanding of how often you will
be able to use your timeshare.
for Divorce in South Carolina
November 21, 2013
Divorce in South Carolina requires a legal process and Order
signed by a Judge and filed with the Clerk of Court. However,
no formal process is required to become married. People may
be married by common law if they hold themselves out to others
to be married and meet certain other requirements.
with Property Owners Associations
November 5, 2013
As a general practice litigation attorney on Hilton Head
Island, over the years I have represented litigants on seemingly
every side of disputes dealing with Property Owners Associations
(POAs), also known as Homeowners Associations (HOAs). These
POAs are perhaps best understood as a mandatory, community-wide
organization that is governed by a Master Deed, and is run by
a small group of community leaders, a Board of Directors, that
includes a President, Vice-President, Treasurer, and Secretary.
to Get Out of a Timeshare in South Carolina
September 28, 2013
Type in "how to get out . . ." in Google, and
Google attempts to automatically complete your search with,
in order: (1) a lease; (2) debt; (3) jury duty; (4) depression;
and ... (5) a timeshare! (Edit 10/3/13: When I originally posted
this blog on 9/28/13, those were the automatic complete results
from Google in my search engine; today, it shows "how to
get out of a lease" immediately followed by "timeshare"
and then by "speeding ticket" and "a funk".)
Why do so many people want to know how to get out of a timeshare?
It is often because the benefits, terms, and conditions of the
timeshare are misrepresented by the timeshare salesman to the
Compensation Claims in South Carolina
August 20, 2013
South Carolina Code Section 42-1-10 contains the South Carolina
Workers' Compensation law. This law provides a system of providing
medical and financial benefits to employees in South Carolina
who are injured on the job.
Complaints in South Carolina
August 9, 2013
Pursuant to Section 27-32-130, Enforcement and implementation
of chapter; regulations, of the South Carolina Timeshare Act:
"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 [Real Estate C]ommission shall promulgate regulations for
the implementation of this chapter, subject to the State Administrative
Your Timeshare Contract in South Carolina
August 8, 2013
South Carolina Code Section 27-32-40, Furnishing copy of
contract to purchaser; terms thereof, states as follows:
"(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
July 24, 2013
Pursuant to the South Carolina Code Section 27-32-110, Prohibited
Practices, it may be a violation of the South Carolina Timeshare
Act for a timeshare salesperson to do any of the following:
(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;