When it comes to owning a timeshare, a number of factors can result in an unsatisfactory experience. From availability to broken promises and unexpected costs, things can go south quickly. Unfortunately, most buyers aren’t able to even scratch the surface of relief. At the same time, some are able to regain ground with a strong class action. Especially when a prominent resort isn’t involved.
Vague Timeshare Rescission Terms Sparks Lawsuit.
Although a number of the legal battles we’ve covered are similar, a lawsuit against Ocean Club Vacations (OCV) in 2017 provides us with a different angle towards restitution. Three years after they grew tired of their timeshare purchase in Horry County, South Carolina, David and Jessica Koerner filed a class action lawsuit against the timeshare company for inadequate terms.
According to the lawsuit, the couple alleged that OCV violated the South Carolina Vacation Time Sharing Plans Act when they failed to add a “required buyer’s remorse clause” in the contract they signed back on June 15th, 2014. The Koerners claim they were sold “vacation ownership interest” for $22K (and paid around $524 in closing costs) without knowing anything about the cancellation process.
Could Ocean Club Vacations Lose the Legal battle?
In most cases, proving this can be an uphill battle. Proving the Koerners did not know they could have cancelled the purchase within the first 5 days (without penalty) is a tough task. But the plaintiffs were determined to use the law to their advantage. The Ocean Club Vacations class action lawsuit pressed the argument that the timeshare contract failed to include specific language required by the Timeshare Act and that it should have been “governed under the laws of South Carolina.”
Since Ocean Club Vacations purportedly failed to mention any type of rescission period or cancellation process in the contract, the Koerners believed their contract was voidable. Moreover, the class action claimed the plaintiffs were entitled to “refund of all consideration” paid pursuant to the contract. “The Timeshare Act specifically and unequivocally provides that it is a violation,” it said. Here’s more of their reasoning:
“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.” In other words, they’re saying you can’t sell something without legal requirements and expect contractual payments.
What Are the Plaintiffs Expecting From Ocean Club Vacations?
On top of the remorse and grief of the purchase, the main prerogative of the lawsuit is to point out the Koerners (allegedly) suffered unwanted monetary damages. These included the aforementioned cost of the timeshare interest and closing costs as well as maintenance fees and other inconvenient expenses. While they are represented by a legal team, they’re looking to represent themselves and a Class of consumers who purchased OCV timeshare interests.
The Ocean Club Vacations class action lawsuit was expecting to attract hundreds if not thousands of consumers that may qualify as Class Members. However, the council for the parties settled the action before getting to trial. The amount the couple was seeking, as well as further relief rewarded by the court, is likely to remain confidential under terms of a settlement. More information can be found by searching the lawsuit or case number below.
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.