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 Hollywood, 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 Hollywood, 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 Hollywood, 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 Hollywood, 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.
HOLLYWOOD — The South Carolina barbecue scene is in a curious spot these days. Just a few decades ago, smoked meat scholars lauded the state’s four distinct sauce zones: thin tomato in the Piedmont, thick tomato along the Savannah River, mustard in the Midlands and vinegar-and-pepper in the Pee Dee.Those delineations have blurred and merged in the 21st century. From Pickens to Beaufort, joints routinely put squeeze bottles with all four varieties on the tables along with a few out-of-state interlopers.There’s ...
HOLLYWOOD — The South Carolina barbecue scene is in a curious spot these days. Just a few decades ago, smoked meat scholars lauded the state’s four distinct sauce zones: thin tomato in the Piedmont, thick tomato along the Savannah River, mustard in the Midlands and vinegar-and-pepper in the Pee Dee.
Those delineations have blurred and merged in the 21st century. From Pickens to Beaufort, joints routinely put squeeze bottles with all four varieties on the tables along with a few out-of-state interlopers.
There’s one such interloper at Easton Barbecue Co. in Hollywood, which opened rather quietly last fall. The menu board includes “Bama White” alongside the four canonical styles. It also offers beef brisket, which was once an exotic species in these parts but has now been thoroughly assimilated.
It’s well worth the drive out Highway 17 through Ravenel to sample that blend of old and new. The standing lineup includes smoked chicken wings ($19.95 a dozen), ribs ($18 per half rack), pulled pork ($10 for a half pound) and brisket ($16 per half pound).
The smoky, tender strands of pork are infused with a nice vinegar tang. The spareribs are even better — meaty, neatly-trimmed slabs with a big bold bite and a balanced, firm-but-tender texture.
I’ve yet to sample Easton's brisket in its sliced form, for I skipped it in favor of the Carolina specialties on my initial visit, and it was sold out when I arrived for my second. I can only assume it’s pretty darned good, though, for the chopped and ground versions are excellent.
The smoked brisket smashburger ($15) doesn’t overcomplicate things: a double stack of well-seared patties, each draped in melted American cheese, atop a layer of tender grilled onions, housemade pickles and pale orange “special sauce.” Beefy, gooey, salty, chewy: it hits all the buttons in a compact, if somewhat messy, package.
The Colonel ($17) is normally made with sliced beef, but I can’t imagine that being any better than the chopped variant I tried. The glistening beef is mounded high on a soft kaiser bun and draped in a blanket of gooey, slightly grainy queso and tender grilled onions, a schmear of chipotle and horseradish aioli adding extra creaminess and zip.
Don’t limit yourself to the regular menu board, though. Perched at the edge of the counter is a small chalkboard in the shape of a pig, and that little porker will guide you to fine treasures, such as the day’s sandwich special. Recent examples have included pastrami cheesesteaks, unagi-glazed pork belly banh mi and a gussied-up club with smoked turkey, pastrami and bacon.
One notable special has no name, just a tempting description: “shaved pork belly & loin, collards, Provolone, pepper relish, roasted garlic aioli w/ Hog jus on a roll.” For working purposes, let’s call it the Great Googly Moogly, which is what I said when I first bit into the thing.
A long, soft roll encloses a tender foundation of smoky, thin-shaved pork topped with mild melted cheese and sweet pepper relish. Best of all is the layer of chopped collards, which are superbly tangy with a touch of crunch from their chopped stems.
The hog jus, in case you were wondering, comes in a little plastic cup on the side for dunking. I have no idea how one goes about making hog jus, but each dunk into the salty, savory fluid merges the riotous assemblage into an even softer and more flavorful bite.
How such smoky wonders ended up in Hollywood is a bit of a circuitous story, one that is emblematic of our current barbecue moment.
Back in the 20th century, each region’s distinctive style was shaped by an informal apprenticeship system. In rural areas, the younger generation would learn from their elders while tending the pits at family gatherings and holiday events. As restaurants emerged, teenagers would take jobs at the local barbecue joint, and some ended up taking the recipes and techniques they learned and opening a restaurant of their own, replicating and reinforcing what became highly regionalized styles.
In our more mobile and digitally-connected age, an informal apprenticeship system is still at work, but it’s defined less by geography than by happenstance and individual connections.
Joel Easton, a Sumter native, learned much of his style from another South Carolinian, but only after moving up to the North Carolina mountains. In 2019, he left a health care career to take a job at Asheville’s acclaimed (and recently shuttered) Buxton Hall Barbecue, where he was mentored in the cooking of whole hogs and hash and rice by Florence native Elliott Moss. (Moss has since returned to his hometown to open the very impressive Elliott's BBQ Lounge, but that’s a story for another day.)
Easton launched a pop-up of his own in Asheville, but family brought him down to the Lowcountry, for his mother had a house on Edisto Island. When he happened upon the low-slung gray building on S.C. Highway 162, just a few hundred feet from Hollywood’s lone traffic light, he knew he had found his permanent spot.
The building has housed a series of barbecue restaurants over the years — Black’s BBQ, Boogie’s, Too Good Foods — though none of them had made it onto my radar screen. Easton inherited much of the interior décor from its predecessors, which tends toward corrugated sheet metal, open wooden rafters and mismatched chairs. It still feels like a work in progress.
Also inherited from those previous establishments were a pair of custom-made barbecue pits, both of them black metal behemoths. One is enclosed like Mike Mulligan’s steam shovel inside the small kitchen, while the other is affixed to a battered old trailer parked long ago beneath the trees out back.
Joel Easton told me he does a little overflow cooking on the outdoor pit, but firing up the one in the kitchen would overwhelm the A.C. in an already too-hot workspace. Instead, most of the real work is done on an 84-inch Lang offset smoker in an open-sided shed adjoining the restaurant.
I have a particular admiration for barbecue joints that not only get the big things right — the headline meats, a signature side dish or two — but also apply the same focused attention to each and every element of the meal. Easton checks that box for sure.
The “Joel slaw” ($4), is a generously dressed version of the classic barbecue side, offering a cool, creamy crunch spiked with a tart vinegar bite and a hint of mustard and celery seed. There are no actual bones in the backbone and rice ($4), an old South Carolina hog-killing dish. Served in a little paper boat, Easton’s rendition is a cross between chicken bog and Cajun dirty rice, with distinct grains of spicy rice dotted with bits of smoky pork.
Such regulars are augmented by recurring specials, like cool cubes of sweet watermelon kissed with lime and dusted with barbecue rub, which adds a nice spicy kick. Even the freebies are worth notice: tangy and tart pickled red onions and housemade pickled cucumbers with a fragrant herbal crunch, either of which would fit right in at a top Texas craft barbecue joint.