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Questions Answered by Zach S. Naert
1 Answer | Asked in Contracts and Business Law for South Carolina on
Q: Can I cancel a contract for a full refund of the purchase made in Orlando FL for a deeded Time Share in Myrtle Beach, SC

The Purchase was made in June of 2021

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

There is only a 5 day unilateral right of rescission for the purchase of South Carolina timeshares under the SC Timeshare Act. However, you should consult with a Timeshare Attorney regarding exit options, as there may be options that exist to assist you in divesting yourself of your timeshare... View More

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: Can I fire a general contractor? What are the consequences?

No contract for job. Incomplete and shoddy work. Taking too long to complete. Asking for money and has never presented us with an invoice or an accounting of what has been paid. Now asking for $10k. This may turn into a civil lit/contract law situation

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

Although you do not have a written contract, presumably you do have a verbal contract, which is the verbal agreement for the work to be done and the compensation to be paid. It would be a good idea to preserve all of your evidence now, as you noted, it may turn into a civil litigation/contract... View More

1 Answer | Asked in Divorce for South Carolina on
Q: I've told my hus. 2 leave 3 times b/c R marriage is over, but he won't go & I'm scared. What can I do?

We have a prenuptial agreement and a additional marriage agreement that covers everything we own and child custody already so that fact that he won't leave is threatening to me

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

You should immediately consult with a Family Law attorney, who will likely advise you to begin the process by filing suit and requesting a Temporary Hearing.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: When do temporary orders go into effect with family court? From the date of the hearing or once the order is signed?
Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

Generally in order for the Temporary Order to be enforceable, it must be signed by the Judge and filed with the Clerk of Court.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for South Carolina on
Q: I live in South Carolina, do you need a notary signature and seal for a dual power of attorney?

My mother has dementia, we are doing paperwork while she is still mentally here but no money for an attorney. Will, living will, dual power of attorney. I know we can file at the court house, we just wanna make sure we have the paperwork done right.

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

You should consult with an attorney. If your mother has dementia, she may not have capacity to execute the documents. You may need to pursue a guardianship. You should consult with an elder law attorney.

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: work @ hotel front desk and boss will not exterminate the bed bugs and roaches in the office. Is that legal and

If I bring them home do i have to pay out of pocket for home extermination?

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

This may be a claim that could be pursued as a Workers' Compensation Act claim if you are injured or become sick as a result of the bugs at your job. I am unsure, but I do not believe it is illegal to be a bad employer and fail to keep your employment premises bug free, so it may be a case... View More

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Do employment attorneys work on a contingency basis? Should I contact a lawyer? Just a few examples below.

A 46-year-old female with a disability, I believe my rights have been violated, and I am seeking justice for the mistreatment I have endured. I am on a team of 6; same job different territories. Issues: Bullied by my boss and it is always done in front of an audience. Favoritism is shown to... View More

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

Certainly document everything and contact a Plaintiff's employment lawyer, sooner than later because there are statutes of limitations on your claims, and if you do not pursue them timely you may lose them forever. Some employment lawyers offer free consultations, I always offer free... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: If volunteers signed up Company X website and the names are stored/ registered in Company Y. Can an employee of

Company Y share the names with their spouse that works at Company X?

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

There is not enough information here to fully analyze your situation, so I must recommend that you consult with an attorney. I am wondering about the relationship, if any, between Company X and Company Y, and how the information from Company X came to be stored with Company Y. I am also wondering... View More

2 Answers | Asked in Personal Injury for South Carolina on
Q: 8-year-old son accidentally hit 63-year-old neighbor in SC. Is it illegal that the neighbor asks $5000 due to her pain?

My neighbor and my mom were chatting in the street near our house. My son, 8-year-old, was riding a bike. When he was around 5 ft away from my neighbor, he stopped and turned his head to talk to his sister, then he pressed down on his pedal while still looking backward at his sister. Then quickly... View More

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

Your neighbor can ask for any amount of money for anything such as pain and suffering, but that does not mean that your neighbor would be entitled to anything for same, or the $5,000.00 being requested. If you are going to make an effort to resolve this dispute, or not, you should consult with an... View More

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: Hello my fiance and I submitted an application for a rental home. We were denied without reason. What can we do?

We made sure we met all qualifications.

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

So long as you were not denied for an illegal reason, it would not appear that you would have any recourse. For example, if the person renting the home selected a more highly qualified applicant, or maybe another applicant offered to pay the full rent up front, or some other arrangement.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: i have rented and lived in a house for 15+ years, now the homeowner wants to sell the house and is giving me 60 days to

get out, is that fair? i have done a lot of work on the house without compensation.

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

Depending on all the details, your situation is likely governed by the SC Landlord-Tenant Act and your Lease. Without more information, I cannot provide much more insight, but I would recommend reading the Act and your Lease and highlighting or underlining everything relevant to your issue, and... View More

2 Answers | Asked in Workers' Compensation for South Carolina on
Q: I broke my knee and started having issues with back. Can I use my own doctor for another opinion?

I do not agree with workers comp doctor treatment/ diagnosis.

Zach S. Naert
PREMIUM
Zach S. Naert
answered on Jun 29, 2023

In South Carolina, the insurance company chooses your providers, but a second opinion (either through the insurance company or a doctor of your own choosing at your own expense) may enable you to make a direct appeal to the insurance company for additional treatment/ratings/restrictions, and/or... View More

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