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 Daniel Island, 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 Daniel Island, 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 Daniel Island, 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 Daniel Island, 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.
Ssssup, Daniel Island. For all of our readers with ophidiophobia (the fear of snakes), now might be a good time to slither on down to other sections of the newspaper.If you’ve ever wandered through a swamp or even spotted a long, legless creature disappearing into the neighborhood, you might’ve wondered, “What species is this, and how dangerous are they?” Good news: in South Carolina, you’re far more likely to share a story about spotting a harmless snake than about being harmed by one. In fact, of the ro...
Ssssup, Daniel Island. For all of our readers with ophidiophobia (the fear of snakes), now might be a good time to slither on down to other sections of the newspaper.
If you’ve ever wandered through a swamp or even spotted a long, legless creature disappearing into the neighborhood, you might’ve wondered, “What species is this, and how dangerous are they?” Good news: in South Carolina, you’re far more likely to share a story about spotting a harmless snake than about being harmed by one. In fact, of the roughly 38 snake species slithering around the Palmetto State, only six are venomous. That leaves more than 30 nonvenomous neighbors doing important work in our ecosystems.
First, a quick shout‑out to the good guys. Nonvenomous snakes play pest patrol every day, gobbling up rodents, frogs, and bugs that otherwise might crash your picnic or nibble your veggies. Species like corn snakes, black racers, rat snakes, ringneck snakes, eastern indigo snakes, and water snakes are all harmless to humans. Many of these are vibrant and fascinating to observe, and most would rather flee than fight.
And now, the VIPs (Very Interesting Pit‑vipers): the venomous six. South Carolina’s venomous lineup includes:
Venomous snakes are fascinating and play an important role in balancing natural food webs, but they’re generally not out to get you. Most prefer to avoid humans and will give ample warning (think: rattles, retreating into brush, or simply sliding away) before anything else. Bites are rare, and fatalities even rarer. Still, it’s wise to give any snake the space it deserves.
One of the best tricks for telling venomous from nonvenomous isn’t just “don’t poke it.” Instead, look at patterns, head shape, pupil shape, habitat, and body build, and when in doubt, treat the mystery snake with respect and keep your distance.
For example, coral snakes have a unique banding pattern (you might’ve heard this rhyme: “Red touches yellow, kill a fellow; red touches black, friend of Jack”) that helps separate them from lookalikes like the scarlet kingsnake.
Appreciating these slithery residents for their pest‑control prowess and understanding when a snake means business can turn a “Yikes!” moment into a “Neat!” moment. And if you ever feel uncertain, remember what seasoned herpers always say: Look, don’t touch.
Many U.S. residents were either on the move last year or thinking about a move, and we know which states, counties and cities were the most popular destinations in 2025. Using online search data and accounting for population size, this U.S. News & World Report. research revealed the top 50 state, county and city destinations in the U.S. by their move-in to move-out ratios.Not surprisingly, South Carolina was a popular move destination, with its city of Conway topping the list of migration interest. Also, Horry County, where...
Many U.S. residents were either on the move last year or thinking about a move, and we know which states, counties and cities were the most popular destinations in 2025. Using online search data and accounting for population size, this U.S. News & World Report.
research revealed the top 50 state, county and city destinations in the U.S. by their move-in to move-out ratios.
Not surprisingly, South Carolina was a popular move destination, with its city of Conway topping the list of migration interest. Also, Horry County, where Conway is located, landed in the second spot in our county list of popular move locations.
Other sought-after state destinations ranged from some in the Northeast to the South and West, with less interest in Midwest states like Ohio and Indiana.
Most Sought-After States: Six of Top 10 in South
The appeal of South Carolina is easy to understand, with its mild weather and proximity to the Atlantic Ocean coastline, but some of the other states in the top 10 offer much more rugged conditions, including Idaho, Alaska, Maine and South Dakota. Besides the Palmetto State, other Southern states attracting considerable interest in 2025 included North Carolina, Tennessee, Alabama and Arkansas, with Delaware rounding out the top 10 in migration interest (the U.S. Census Bureau includes Delaware in the South region, specifically the South Atlantic region, though many in the U.S. would consider it a Northeastern state).
The 50 states in our research are shown below. Washington, D.C., is included, with the only state excluded being Hawaii, which came in at No. 51.
1. South Carolina
2. Idaho
3. Alaska
4. North Carolina
5. Maine
6. Tennessee
7. Delaware
8. South Dakota
9. Alabama
10.Arkansas
Most Sought-After Counties
Here are the top 50 counties with the highest migration interest:
1. Brunswick County, North Carolina
2. Horry County, South Carolina
3. Washington County, Tennessee
4. Sumter County, Florida
5. Marion County, Florida
6. Ellis County, Texas
7. Catawba County, North Carolina
8. Greenville County, South Carolina
9. Dorchester County, South Carolina
10. Gaston County, North Carolina
Most Sought-After Cities
The top 50 U.S. cities generating relocation interest in 2025 included:
1. Conway, South Carolina
2. Johnson City, Tennessee
3. Myrtle Beach, South Carolina
4. The Villages, Florida
5. Ocala, Florida
6. Bend, Oregon
7. Portland, Maine
8. New Braunfels, Texas
9. Bluffton, South Carolina
10. Apex, North Carolina
Provided by U.S. News & World Report.
Keep track of South Carolina's measles outbreak at the SC's Dept. of Health Department's daily updates. While South Carolina continues to be at the epicenter of the largest measles outbreak in 25 years, Berkeley County is preparing for the potential impact on local schools.As of Feb. 3, the state has 876 confirmed cases of the virus, primarily in the Upstate, which accounts for 80% of the cases in the United States this year.With the number of cases rising, Charleston-area health officials are warning that unvac...
Keep track of South Carolina's measles outbreak at the SC's Dept. of Health Department's daily updates.
While South Carolina continues to be at the epicenter of the largest measles outbreak in 25 years, Berkeley County is preparing for the potential impact on local schools.
As of Feb. 3, the state has 876 confirmed cases of the virus, primarily in the Upstate, which accounts for 80% of the cases in the United States this year.
With the number of cases rising, Charleston-area health officials are warning that unvaccinated communities – even in the Lowcountry – remain most at risk.
“Measles is one of the most contagious infections we know,” said Dr. Stephen Thacker, a pediatric infectious disease specialist at MUSC Children’s Health. “It spreads through the air when an infected person coughs or sneezes, and the virus can linger in a room for hours, which makes it really easy for us to spread.”
The disease is far more serious than its signature rash suggests, as Thacker said, “It can cause high fever, pneumonia, brain swelling, and sometimes lead to hospitalization, and in rare cases, death."
WHO'S MOST AT RISK?
Infants, young children under age five, pregnant individuals, and people with weakened immune systems are especially vulnerable.
Symptoms typically appear seven to 12 days after exposure and include cough, runny nose, red watery eyes, and fever, followed by a rash that spreads from the face to the body.
Families who suspect exposure should contact a health care provider immediately. Doctors may use isolation measures and could ask patients to remain at home until cleared.
Health officials said most of the cases involve unvaccinated or under-vaccinated individuals, often linked to travel or communities with lower vaccination rates.
According to Dr. Kent Stock, an epidemiologist with Roper St. Francis Healthcare, “If you don’t have a vaccination rate of 95% or higher, then you won’t be able to achieve herd immunity.”
Berkeley County’s vaccination rate currently hovers around 93%, leaving the area at a higher risk.
BERKELEY CO. SCHOOLS PREPARE
Schools are closely monitoring the situation.
While no confirmed cases have been reported in Berkeley County to date, the school district is urging parents to ensure their children are up to date on the MMR vaccine.
If a measles case is confirmed on campus, schools must immediately exclude the student, notify the Department of Health, and also exclude any students without a current MMR record.
Unvaccinated students can receive the vaccine within 72 hours to return to school.
In an email sent to parents, the Berkeley County School District stated that “maintaining high vaccination rates is essential to preventing outbreaks and protecting the broader community through herd immunity.”
HEALTH OFFICIALS: GET VACCINATED
Health care professionals said vaccinations remain the most effective protection.
“The most important step is really to make sure that children receive the MMR vaccine,” Thacker said. Children receive one dose around age one and a second dose between ages four and six.
For infants too young to be vaccinated, Thacker recommends a “cocooning” strategy, ensuring parents, siblings, and caregivers are fully immunized, avoiding large crowds, and, in certain situations, giving infants an early MMR dose.
Stock stressed the wider impact of an outbreak.
“Because of exposure, it’s a significant interruption to not only the public, but also businesses," he said. "So it’s in our interest economically to promote vaccination and mitigation techniques that will protect our citizens.”
With measles spreading rapidly in the Upstate, Berkeley County families are urged to check vaccination records and speak with health care providers.
Stock warned, “We all feel it’s just a matter of time before it ultimately reaches the Lowcountry."
Berkeley County Sheriff Duane Lewis joined local leaders to cut the ribbon on the Tri-County Biological Science Center, the first regional DNA-testing collaboration in South Carolina’s history, on Jan. 26.The new 21,000-square-foot facility, located at 3765 Leeds Avenue in North Charleston, features state-of-the-art forensic biology laboratory space, executive offices, and secure evidence storage.The center will support law enforcement agencies across Charleston, Berkeley, and Dorchester counties by analyzing physical evi...
Berkeley County Sheriff Duane Lewis joined local leaders to cut the ribbon on the Tri-County Biological Science Center, the first regional DNA-testing collaboration in South Carolina’s history, on Jan. 26.
The new 21,000-square-foot facility, located at 3765 Leeds Avenue in North Charleston, features state-of-the-art forensic biology laboratory space, executive offices, and secure evidence storage.
The center will support law enforcement agencies across Charleston, Berkeley, and Dorchester counties by analyzing physical evidence, assisting coroners with the identification of human remains, and providing expert testimony in court.
“Today isn’t just about opening a building. It is about opening doors to justice, answers, and healing for people in our community,” Sheriff Lewis said in a statement. “This center represents what can happen when counties come together with a shared purpose: serving victims, protecting the innocent, and strengthening public safety across the Tri-County area.”
The Biological Science Center is the result of a partnership between Berkeley, Dorchester, and Charleston counties. Sheriff Lewis expressed gratitude to Berkeley County Council for approving the funding and to Charleston County leaders for their collaboration in bringing the project to fruition.
“From a human standpoint, this is a game changer,” Lewis stated. “For victims and their families, waiting months, or even years, for DNA results can feel like reliving trauma over and over again. Faster testing allows us to move more quickly toward justice, closure, and healing.”
With the opening of the center, DNA evidence will now be processed locally rather than being delayed by long backlogs elsewhere. This change is expected to significantly reduce turnaround times, provide quicker investigative leads, and deliver faster answers for victims and their families while also easing the burden on the South Carolina Law Enforcement Division (SLED) Forensic Services Laboratory.
“DNA doesn’t just help us identify suspects. It also helps us clear those who are innocent,” Sheriff Lewis stated. “Faster access to accurate forensic science strengthens trust in the justice system by ensuring investigations are thorough, fair, and based on facts.”
Provided by Berkeley County Sheriff’s Office.