When your rights have been trampled on, the best persons to have in your corner and, on your side, are Hilton Head attorneys who are willing to use their extensive knowledge of the law to aggressively challenge the abuse of your rights.
Have Our Experienced Hilton Head Lawyers On Your Side
Whether you need to defend your legal rights in Timeshare Litigation, Personal Injury claims (including automobile accidents), Worker's Compensation, or Real Estate cases, the law firm in Hilton Head of Naert and Dubois, LLC and our attorneys can help you achieve the justice you deserve. In addition to the island, we also represent clients throughout the Lowcountry, including lawyers in Bluffton, SC and Charleston, SC.
To start the process, call or email us today to set up an appointment to discuss your case or answer questions you might have. You can reach us at (843) 686-5500 or via our website.
Hilton Head Attorneys | Lowcountry Legal Blog
|Hilton Head Timeshare Scams Relentlessly Reported in Appalling Numbers: Government Fails the People
August 9, 2014
Timeshare fraud on Hilton Head Island is being and has been relentlessly reported to the Federal Trade Commission and Mayor of the Town of Hilton Head Island; however, federal, state, and local government officials have failed to take action and some in the government appear to actively support the timeshares. I believe that all complaints to government entities in South Carolina are forwarded to the South Carolina Real Estate Commission which appears to summarily issue letters stating that they have no authority to act.
|Ephesian Ventures, LLC to Build Timeshares at Edgewater on Broad Creek, Hilton Head Island?
July 26, 2014
On June 13, 2014, Mr. Pat Duggar, Vice President of the Board of the Directors from the Residences on Edgewater off Marshland Road on Hilton Head Island, wrote to Steven Riley, Hilton Head Town Manager, regarding the effects of certain proposed revisions to the land-management ordinances. Mr. Duggar states: "we vehemently object and oppose the increase in density for WMU district from 12 units per acre to 16 units per acre" in Hilton Head's new land-management ordinance zoning draft.
|Overtime 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.
|Timeshare 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.
|Workers' 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.
|Timeshare 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?
|How 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.
|Hilton 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 and www.complaintsboard.com will keep you busy).
|Joe 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.
|Timeshare 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.
|Notary 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."
|Part 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.
|You're 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.
|Top 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.
|Automobile 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.
|Alimony 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.
|Grounds 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.
|Litigation 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.
|How 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 buyer.
|Workers' 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.
|Timeshare 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 Procedures Act."
|Cancel 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 include the:
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;