As Sarah prepared to close on her dream home in South Carolina, she felt a rush of excitement, envisioning a new life in a new home in North Charleston. However, in her eagerness, she overlooked the crucial step of hiring a real estate attorney. Unbeknownst to her, navigating the complexities of real estate transactions without legal guidance could lead to significant pitfalls. Without an attorney, she risked missing essential details in the contract, encountering unexpected fees, or facing issues with property liens that could jeopardize her investment. As Sarah soon discovered, the intricacies of South Carolina real estate law are best navigated with professional help to ensure a smooth and legally sound closing process.
The truth is that buying, selling, and managing real estate involves many moving parts and often represents the most complex and important investments most people ever make. Real estate closings in Bluffton, SC. are rarely black and white - they require an experienced, detail-oriented eye to examine specifics and protect you as the buyer or seller. That's where Cobb Hammett real estate attorneys come into play. We offer comprehensive, efficient, and high-level legal services regarding all facets of real estate and property issues - from closings and refinances to litigation over property disputes and more.
Before we dive into a few areas of our legal real estate expertise, let's examine real estate law in South Carolina, so you can build your knowledge and make an educated purchase decision.
Handling paperwork that needs to be completed promptly and navigating legal issues can be daunting for homeowners in South Carolina who are looking to buy or sell a home. According to data from the South Carolina Realtors, real estate deals in the Charleston area are on the rise, with a 3% increase in single-family closed sales and an impressive 20% rise in townhouse-condo closed sales.
The more you know about real estate law and real estate closings in The Palmetto State, the better off you'll be when it comes time to finally buy or sell your home. Let's take a closer look at a few key elements of residential real estate in South Carolina, including:
In South Carolina, real estate transactions are required to adhere to the Statute of Frauds, which stipulates that all contracts related to real estate must be documented in writing to be enforceable. These agreements generally encompass contracts for purchase, sale, and leases that extend beyond one year. It is crucial to ensure that your contract accurately represents the terms of your agreement to prevent any disputes in the future.
Furthermore, South Carolina law requires sellers to disclose any known defects in residential properties. This disclosure is usually made using the South Carolina Residential Property Condition Disclosure Statement. Neglecting to provide accurate information can lead to legal repercussions, like canceling home closings in Bluffton, SC., or pursuing lawsuits for damages.
South Carolina operates as a judicial foreclosure state, which requires lenders to utilize the court system for property foreclosures. This procedure involves initiating a lawsuit, informing the borrower, and securing a court order to move forward with the sale of the property. Borrowers have the option to contest the foreclosure in court or pursue alternative solutions like loan modifications or short sales. It is essential for both borrowers and lenders to have a clear understanding of their rights and responsibilities during foreclosure proceedings.
Eminent domain refers to the government's authority to seize private property for public purposes, like constructing roads or schools. In South Carolina, owners of property have the right to receive just compensation if their property is taken under eminent domain. Conflicts frequently arise regarding the compensation amount offered or the validity of the government's claim. If you are confronted with an eminent domain situation, contacting a real estate attorney can help safeguard your rights and ensure you obtain fair compensation.
The South Carolina Landlord-Tenant Act oversees rental agreements and tenants' and landlords' rights and responsibilities. The key provisions you should know about include the following:
Conflicts between property owners and renters frequently occur regarding security deposits, maintenance issues, or eviction processes. Familiarizing oneself with these legal guidelines can assist both sides in settling disputes peacefully or taking necessary legal measures.
Zoning rules significantly influence how properties may be utilized. These regulations determine if a property can be designated for residential, commercial, industrial, or agricultural use. Zoning laws also govern factors like building heights, setbacks, and the kinds of structures allowed on a property. Before entering a real estate closing in South Carolina - especially for buying a home or a piece of land - it's very important to review local zoning ordinances to ensure adherence to relevant regulations. After all, disputes regarding zoning can result in expensive delays or even necessitate changes to your development plans.
South Carolina is one of 22 states in the US that mandates attorney supervision for real estate closings. In fact, it's one of the few states where the attorney must be physically present during the closing process.
When buying a home, it's important to be aware of all associated costs, which might lead you to consider the least expensive legal representation. However, it's wise to take your time and look for an experienced real estate lawyer in South Carolina for several reasons. Real estate laws in South Carolina are designed to protect you. However, real estate transactions and closings are often complex, and the average buyer may not fully grasp all the intricacies involved without professional guidance.
Moreover, the role of a real estate attorney extends far beyond just clarifying the terms of the contract before you finalize the sale. A skilled South Carolina real estate lawyer will thoroughly investigate any potential issues and ensure you secure the most favorable terms for your home purchase.
Let's look at just a few reasons why you need a real estate lawyer when you're buying or selling a home in South Carolina. Not just because the law demands it - but because it's in your best interests to do so.
If you've bought property in different states, don't presume that your experience in South Carolina will be the same. Real estate regulations differ from one state to another. For instance, while South Carolina does not mandate a comprehensive home inspection, it does require a termite inspection. Additionally, unlike many other states, a lawyer must supervise all real estate closings in South Carolina. Under South Carolina law, a lawyer is required to assist both the buyer and seller in the following circumstances:
This is not an easy procedure. Fortunately, working with a knowledgeable real estate attorney in Bluffton, SC. from Cobb Hammett LLC helps ensure that every step is executed correctly - safeguarding your financial and legal interests.
Refinancing typically involves the rearrangement of a mortgage. In effect, this means replacing an old mortgage with a new one. Many homeowners in South Carolina choose to refinance their mortgages to reduce their interest rates, shorten their repayment terms, or capitalize on the equity they have accumulated.
With that said, a lawyer's oversight is necessary for closing on a home refinance. The mortgage will be tied to the property and influence the title. After the refinancing documents are signed, a knowledgeable real estate attorney will verify that the lender obtains all original documents, that the new mortgage is registered, and that all title policies are prepared to align with the loan obligations. At Cobb Hammett LLC, we always adhere to South Carolina consumer home loan laws to ensure that all refinancing processes comply with state regulations and standards.
In accordance with the South Carolina Consumer Protection Code, the buyer normally selects the closing attorney. This ensures that the attorney provides the buyer with a clear title to the property as intended. Realtors and lenders must respect the buyer's decision regarding the closing attorney.
At Cobb Hammett, LLC, our firm treats both the buyer and seller equally throughout the transaction process, offering assistance to both parties. Furthermore, the attorney maintains neutrality and will not advocate for either the buyer or the seller in the event of a dispute regarding the closing procedures of the home.
Typically, both the Buyer and Seller will be present at the closing unless documents have been signed ahead of time or remotely. The Buyer and Seller will individually review and sign the necessary documents. It's important to note that if a husband and wife jointly own property in both of their names, both parties must attend the closing. Realtors often choose to attend the closing as well, and sometimes, loan officers may be present, too.
Regardless of whether you're the buyer or seller, you should have two valid forms of identification. Usually, a driver's license and a Social Security card will suffice. You can also present other types of government-issued identification, such as a passport, military ID, or voter registration. The buyer must bring sufficient funds to close the deal in the form of certified funds. Of course, the seller must bring the keys to the property. You might be surprised at how often this last step doesn't happen - most often by accident.
We should state upfront that every real estate law firm in South Carolina may have different fees and pricing structures. At Cobb Hammett, LLC, we provide transparent pricing information for every client who walks through our doors. With that said, residential real estate closing lawyers usually charge a flat fee for handling the closing process. Typically, this fee amounts to several hundred dollars, and in some cases, it can exceed $1,000.
Many clients only interact with their real estate closing attorney during the actual closing and may question the reasons behind the fees. However, there is a significant amount of work that closing attorneys must complete in preparation for the closing to ensure the proper transfer of property from sellers to buyers.
To begin, your closing attorney will conduct a title search to verify the status of the property. The title search will confirm that the seller holds complete ownership of the property and is authorized to transfer it to the buyer. The title search will also reveal any easements, encroachments, or other restrictions that may affect the property. The attorney will also draft a title opinion to be provided to a title company. This document is used if the buyer decides to obtain title insurance.
The role of a closing attorney extends beyond the closing meeting. After the closing, they update the title on the local registry of deeds and record the deed and mortgage, if applicable. They are also responsible for disbursing fees such as brokerage fees, taxes, loan payoffs, seller proceeds, insurance premiums, and inspection fees.
If issues arise after the transaction, the closing attorney may help resolve them. Their guidance is essential for a smooth ownership transfer and ensuring all legal requirements are understood by the parties.
If you've bought property in different states, don't presume that your experience in South Carolina will be the same. Real estate regulations differ from one state to another. For instance, while South Carolina does not mandate a comprehensive home inspection, it does require a termite inspection. Additionally, unlike many other states, a lawyer must supervise all real estate closings in South Carolina. Under South Carolina law, a lawyer is required to assist both the buyer and seller in the following circumstances:
This is not an easy procedure. Fortunately, working with a knowledgeable real estate attorney in Bluffton, SC. from Cobb Hammett LLC helps ensure that every step is executed correctly - safeguarding your financial and legal interests.
Refinancing typically involves the rearrangement of a mortgage. In effect, this means replacing an old mortgage with a new one. Many homeowners in South Carolina choose to refinance their mortgages to reduce their interest rates, shorten their repayment terms, or capitalize on the equity they have accumulated.
With that said, a lawyer's oversight is necessary for closing on a home refinance. The mortgage will be tied to the property and influence the title. After the refinancing documents are signed, a knowledgeable real estate attorney will verify that the lender obtains all original documents, that the new mortgage is registered, and that all title policies are prepared to align with the loan obligations. At Cobb Hammett LLC, we always adhere to South Carolina consumer home loan laws to ensure that all refinancing processes comply with state regulations and standards.
In accordance with the South Carolina Consumer Protection Code, the buyer normally selects the closing attorney. This ensures that the attorney provides the buyer with a clear title to the property as intended. Realtors and lenders must respect the buyer's decision regarding the closing attorney.
At Cobb Hammett, LLC, our firm treats both the buyer and seller equally throughout the transaction process, offering assistance to both parties. Furthermore, the attorney maintains neutrality and will not advocate for either the buyer or the seller in the event of a dispute regarding the closing procedures of the home.
Typically, both the Buyer and Seller will be present at the closing unless documents have been signed ahead of time or remotely. The Buyer and Seller will individually review and sign the necessary documents. It's important to note that if a husband and wife jointly own property in both of their names, both parties must attend the closing. Realtors often choose to attend the closing as well, and sometimes, loan officers may be present, too.
Regardless of whether you're the buyer or seller, you should have two valid forms of identification. Usually, a driver's license and a Social Security card will suffice. You can also present other types of government-issued identification, such as a passport, military ID, or voter registration. The buyer must bring sufficient funds to close the deal in the form of certified funds. Of course, the seller must bring the keys to the property. You might be surprised at how often this last step doesn't happen - most often by accident.
We should state upfront that every real estate law firm in South Carolina may have different fees and pricing structures. At Cobb Hammett, LLC, we provide transparent pricing information for every client who walks through our doors. With that said, residential real estate closing lawyers usually charge a flat fee for handling the closing process. Typically, this fee amounts to several hundred dollars, and in some cases, it can exceed $1,000.
Many clients only interact with their real estate closing attorney during the actual closing and may question the reasons behind the fees. However, there is a significant amount of work that closing attorneys must complete in preparation for the closing to ensure the proper transfer of property from sellers to buyers.
To begin, your closing attorney will conduct a title search to verify the status of the property. The title search will confirm that the seller holds complete ownership of the property and is authorized to transfer it to the buyer. The title search will also reveal any easements, encroachments, or other restrictions that may affect the property. The attorney will also draft a title opinion to be provided to a title company. This document is used if the buyer decides to obtain title insurance.
The role of a closing attorney extends beyond the closing meeting. After the closing, they update the title on the local registry of deeds and record the deed and mortgage, if applicable. They are also responsible for disbursing fees such as brokerage fees, taxes, loan payoffs, seller proceeds, insurance premiums, and inspection fees.
If issues arise after the transaction, the closing attorney may help resolve them. Their guidance is essential for a smooth ownership transfer and ensuring all legal requirements are understood by the parties.
Commercial real estate transactions are distinct from residential real estate dealings in several aspects. Generally, commercial real estate provides less protection for purchasers while enabling more extensive negotiation and deal-making. Due to this dynamic, enlisting a knowledgeable attorney to represent you can be extremely beneficial and can help safeguard your legal and financial interests.
Our team of seasoned real estate attorneys has experience supporting clients in a wide array of commercial closing issues, including:
Commercial real estate closings in South Carolina require a significant amount of documentation, legal formalities, and terminology that can be daunting and confusing for buyers and sellers in real estate. If you require document reviews, assistance in forming a legal entity to facilitate the commercial real estate buying process, or help with negotiating the real estate purchase, Cobb Hammett is ready to assist.
At Cobb Hammett, we take pride in assisting clients from diverse backgrounds as they manage real estate transactions, including purchases, sales, and refinancing. As a premier real estate law firm located in Charleston, South Carolina, we provide tailored, high-quality legal services for residential and commercial closings and more. We champion your best interests, making certain that you do not enter into any agreements that could compromise your financial or legal standing.
As your dedicated real estate law attorney, we provide reliable representation for matters like:
If you're in search of a proactive, effective real estate attorney who addresses every aspect of your residential or commercial closing in South Carolina, look no further than Cobb Hammett, LLC. Contact our office today with your questions or real estate pain points. We'll take the time to listen and will recommend a tailored approach to your legal real estate needs.
What started as a routine Saturday round of golf at Crescent Pointe quickly turned into a wildlife rescue story the community won’t soon forget.Two golfers, teeing off on Hole 9 on Nov. 22, spotted something no one expected to see beached along the shoreline: a manatee.These gentle, elusive giants are no strangers to the shallow waterways of Beaufort County — but finding one stranded on a golf course is another story.The golfers immediately called the South Carolina Department of Natural Resources, setting of...
What started as a routine Saturday round of golf at Crescent Pointe quickly turned into a wildlife rescue story the community won’t soon forget.
Two golfers, teeing off on Hole 9 on Nov. 22, spotted something no one expected to see beached along the shoreline: a manatee.
These gentle, elusive giants are no strangers to the shallow waterways of Beaufort County — but finding one stranded on a golf course is another story.
The golfers immediately called the South Carolina Department of Natural Resources, setting off a coordinated response that soon included Crescent Pointe staff, local residents and the Beaufort County Sheriff’s Office.
“I’ve never seen one other than at an aquarium, so this was a first for me and for the course,” said Crescent Pointe’s Director of Marketing, Dylan DeBellis, who helped lead on-site efforts.
As soon as the call came in, General Manager Ron Schiavone worked closely with the Beaufort County Sheriff’s Office to secure the area and redirect golfers, so the distressed manatee could be given space.
From there, the sheriff’s office maintained direct communication with SCDNR while they consulted with Florida partners to determine the safest plan.
“It was a bit high stress — we weren’t sure if it was going to make it,” DeBellis said.
Under SCDNR’s guidance, Cpl. Dean Entrup with BCSO began relaying step-by-step instructions to keep the manatee stable: gently misting its skin, keeping it covered with damp towels and making sure it stayed warm enough — never too much water, and never too cold.
DeBellis and a Crescent Pointe community member sprang into action, shuttling back and forth and hauling buckets of water to hydrate the animal until a better solution could be created.
Brian Roller, Crescent Pointe’s director of agronomy, rushed out and tapped into a sprinkler head, rigging a hose, so the manatee could be safely and consistently misted.
Community members Tommy O’Donnell and Ryleigh Durham also stepped in to assist, carefully following SCDNR’s instructions and ensuring the manatee wasn’t disturbed more than necessary.
Thanks to hours of patient teamwork, the manatee remained stable long enough for the tide to return. As the water rose, the massive but gentle animal was finally able to move on its own and glide back into deeper water.
“All he needed was the tide to come in and help take him back out,” DeBellis said.
Authorities later searched nearby inlets and confirmed the manatee could no longer be located — indicating it successfully returned to open water.
The rescue comes during the tail end of South Carolina’s manatee season.
These large marine mammals typically travel north from Florida in warmer months and can be spotted in Beaufort County between April and November, especially in sheltered areas like inlets and marinas.
By late fall and early winter, they begin their migration south, where the water stays above their survival threshold of 68 degrees. Seeing one in late November or December in South Carolina can be a sign of trouble, according to Kelly Lambert, SCDNR’s manatee response coordinator.
If you spot a manatee in South Carolina waters in late fall or early winter, contact the SCDNR hotline at 1-800-922-5431.
Bluffton’s New Riverside Village now has a fresh new dining option as Nom Nom Poke Shop officially opened its doors this week in the Compass Commons development.The restaurant is the second location for the Savannah-based Japanese poke shop, known for its made-to-order bowls at its Bull Street flagship store.Nom Nom Poke Shop in Bluffton is located at 267 Parkside Commons, Suite 102. Located right off the roundabout from S.C. 170, New Riverside Road and S.C. 46, Compass Commons has space for a handful of locally rooted bu...
Bluffton’s New Riverside Village now has a fresh new dining option as Nom Nom Poke Shop officially opened its doors this week in the Compass Commons development.
The restaurant is the second location for the Savannah-based Japanese poke shop, known for its made-to-order bowls at its Bull Street flagship store.
Nom Nom Poke Shop in Bluffton is located at 267 Parkside Commons, Suite 102. Located right off the roundabout from S.C. 170, New Riverside Road and S.C. 46, Compass Commons has space for a handful of locally rooted businesses.
The shop is currently open from 4 p.m. to 9 p.m., with expanded lunch hours set to begin next week.
Once the full schedule kicks in, guests can visit from 11 a.m. to 9 p.m., Monday through Saturday. The shop will be closed on Sundays.
Nom Nom’s menu features a lineup of signature bowls, including the spicy tuna crunch, sesame salmon, crispy shrimp and teriyaki chicken. Prices start at $14.50.
Diners can also choose from starters and appetizer options like ahi tuna nachos and sunfire pressed sushi.
For those looking to customize, build-your-own bowls begin at $11.95.
The Bluffton shop offers dine-in and takeout, with online ordering available, and Uber Eats delivery expected soon. Diners can also place orders by phone at 843-815-0805.
To view the full menu or place an online order, click here.
Nom Nom Poke Shop joins a wave of openings at Compass Commons, one of New Riverside’s most anticipated mixed-use developments.
In February 2020, the Bluffton Town Council approved the initial master plan for the development, and last fall, the majority of storefronts were secured by tenants.
Other businesses, including Pet Wants and STMT Boutique, have already welcomed customers, while other promised locations like Burke’s Pharmacy and Frosty Frog continue preparing for their debuts.
Several of these incoming businesses – such as Frosty Frog, Local Pie, Café Al Dente and Burke’s Pharmacy – are longtime Lowcountry favorites expanding their footprint into this new hub.
To learn more about Nom Nom Poke Shop, visit their website, Facebook or Instagram.
Cranes, concrete and construction crews have become a familiar sight along Buckwalter Parkway, where Bluffton’s landscape — and its services — are changing fast.From new hospitals, businesses and a towering new water tank, five major projects are now underway in the heart of Bluffton, expanding the town’s health care offerings and its infrastructure.Here’s what we know about each of these projects and how they’ll reshape this area within the next year.High Tide Pediatric Dentistry in ...
Cranes, concrete and construction crews have become a familiar sight along Buckwalter Parkway, where Bluffton’s landscape — and its services — are changing fast.
From new hospitals, businesses and a towering new water tank, five major projects are now underway in the heart of Bluffton, expanding the town’s health care offerings and its infrastructure.
Here’s what we know about each of these projects and how they’ll reshape this area within the next year.
A new pediatric dental practice is coming to Washington Square, with a shell space already under construction at 5 Mott St.
High Tide Pediatric Dentistry, owned and operated by Dr. Melissa Connell, will serve Bluffton’s youngest residents. Connell had a practice in the Chicago area, but sold it in 2024 to relocate south.
High Tide is currently operating at a temporary location at 10 Plantation Park Drive, Suite 100, but according to Connell, this new Washington Square location is set to be operational by the spring or summer of 2026.
A second phase of this project is also in the works and will be completed in 2028, Connell said. It includes a second building and garden space that will be used for events and administrative work.
High Tide Pediatric Dentistry will have space for nine chairs, Connell said, and a website for the practice is coming soon.
In the lot next door, a two-story daycare facility is in early planning stages, but the development proposal has not received final approval from the Town of Bluffton.
Right across the street, construction is underway for Novant Health’s new medical hub. The project includes two major components:
The site will include improved traffic flow and a new signal at Buckwalter Parkway and Parkside Drive to enhance safety, according to Novant Health.
This project is separate, but expected to be complementary to the $320 million, 50-bed hospital less than half a mile away that will be located along Lake Point Drive, past the light at Buckwalter Place Boulevard.
The facility is slated to open summer 2026.
Just across Bluffton Parkway, Beaufort Memorial Hospital has quickly broken ground on a new 28-bed community hospital at the corner of Innovation Drive and Buckwalter Parkway.
This full-service facility will feature an emergency department, surgery center, cardiac catheterization lab, inpatient acute nursing unit and comprehensive imaging services.
The new Bluffton hospital is anticipated to be completed by late 2026 and will be located at 10 Innovation Drive.
Adding to the healthcare scope, the Medical University of South Carolina Health is expanding its presence in Bluffton with a new three-story, 54,000 square-foot medical office building set to open in spring 2026.
The Bluffton Medical Pavilion will consolidate existing MUSC services in the area and introduce six new specialties to the community, including a cancer clinic offering oncology and infusion treatments. Additional services will include:
This new facility will be located at 700 Buckwalter Towne Boulevard.
Rising more than 100 feet tall, the new Beaufort-Jasper Water & Sewer Authority water tower will soon become a prominent landmark off Bluffton Parkway, across from the future Beaufort Memorial Hospital campus.
The $28 million structure can hold 1.5 million gallons of water and is designed to support 11,500 customer connections in the Bluffton area.
This project, first unveiled in 2021, addresses the region’s rapid population growth and increasing water demand fueled by developments in Sun City, Hampton Lakes, Lawton Station, Hilton Head Lakes, and Margaritaville – along with these ongoing medical facilities.
Parades and public ceremonies are taking place across Beaufort County on Nov. 11 as local communities observe Veterans Day.Coordinated by local veterans’ groups and town officials, Beaufort, Bluffton and Hilton Head Island each have events planned to recognize and thank those who have served in the U.S. military. Here’s what to know about each celebration:Beaufort County Veterans Affairs Department Veterans Day ParadeThe Beaufort County Veterans Affairs Department will host a Veterans Day Parad...
Parades and public ceremonies are taking place across Beaufort County on Nov. 11 as local communities observe Veterans Day.
Coordinated by local veterans’ groups and town officials, Beaufort, Bluffton and Hilton Head Island each have events planned to recognize and thank those who have served in the U.S. military.
Here’s what to know about each celebration:
The Beaufort County Veterans Affairs Department will host a Veterans Day Parade beginning at 10 a.m. on Tuesday, Nov. 11.
This year’s Grand Marshal is Corporal Dorothy W. Johnson, a local veteran. Johnson enlisted in the United States Marine Corps in 1961 in New York and completed her basic training at Marine Corps Recruit Depot on Parris Island.
The parade route will start in front of Beaufort National Cemetery, continue down Boundary Street and onto Carteret Street. From there, it will turn right onto Bay Street, and conclude at the intersection of Boundary and Bladen Streets.
The parade lineup begins at 8 a.m. on Adventure Street. The parade begins at 10 a.m.
A handful of road closures are expected from 9:45 a.m. to noon, and motorists are encouraged to use alternate routes.
BCTV will stream this parade live.
The Dennis J. Becker Post 205 American Legion will host the Bluffton Veterans Day Parade, also taking place on Tuesday, Nov. 11, beginning at 10 a.m. in Bluffton’s Historic District.
The parade will start on Pritchard Street, travel down Calhoun Street, pass through the Promenade, and end at Dr. Mellichamp Drive.
On Hilton Head Island, the Town of Hilton Head Island will host the 2025 Annual Veterans Day Ceremony at Shelter Cove Veterans Memorial Park, located at 59 Shelter Cove Lane, from 10:30 to 11:30 a.m.
Bruce Donegan, past department commander of the American Legion Department of South Carolina, will deliver the keynote address. Alex Brown, town council member and mayor pro tem, will present a proclamation designating Nov. 11 as a Day of Remembrance to honor all branches of the military.
The ceremony will also feature local veterans, cadets from the Hilton Head Island High School Naval Junior ROTC and music by the Hilton Head Choral Society.
Did we miss any Veterans Day events? Email [email protected] to have it added to this list.