Paula Fullbright and Mark Fullbright v. Spinnaker Resorts, Inc., D/b/a Spinnaker Resorts South Carolina, Inc…

Summary

The South Carolina Supreme Court answered three certified questions, holding that the Real Estate Commission does not have exclusive jurisdiction over Timeshare Act violations, that its findings are not a condition precedent to a private suit, and that its decisions are not binding on courts unless reviewed and upheld judicially. The Court based its answers on the unambiguous statutory language of §27‑32‑130 and on principles of statutory construction, while noting that policy concerns are for the legislature.