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 Isle of Palms, 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 Isle of Palms, 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 Isle of Palms, 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 Isle of Palms, 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.
ISLE OF PALMS, S.C. (WCSC) — As beach days return to the Lowcountry, a delicate balancing act is underway on the Isle of Palms, where efforts to combat coastal erosion must contend with Civil War history resting just offshore.About a mile out in murky Atlantic waters lie the remains of ships sunk more than 160 years ago. They were part of the Union Navy’s effort to choke off Charleston during the Civil War. Today, those same wrecks are shaping how engineers restore the island’s eroding shoreline.In a quiet bas...
ISLE OF PALMS, S.C. (WCSC) — As beach days return to the Lowcountry, a delicate balancing act is underway on the Isle of Palms, where efforts to combat coastal erosion must contend with Civil War history resting just offshore.
About a mile out in murky Atlantic waters lie the remains of ships sunk more than 160 years ago. They were part of the Union Navy’s effort to choke off Charleston during the Civil War. Today, those same wrecks are shaping how engineers restore the island’s eroding shoreline.
In a quiet basement lab at the South Carolina Institute of Archaeology and Anthropology at the University of South Carolina in Columbia, toothbrushes, teacups, ceramics, bullets and even bones sit carefully cataloged in boxes.
They are artifacts recovered from blockade runners and vessels connected to what became known as the First and Second Stone Fleets.
“During the Civil War, the Union Navy instituted a blockade of Southern ports. In South Carolina, that really manifested in Charleston trying to prevent blockade runners from coming in,” James Spirek, state underwater archaeologist, said. “The blockade runners are bringing military goods and then also commercial goods, consumer goods to the South and to keep the army going.”
To strengthen the blockade, the Union purchased aging whaling and merchant vessels, filled them with stone, and deliberately sank them in key shipping channels leading into Charleston Harbor. The first fleet obstructed the main ship channel. When runners adapted, a second wave of ships was sunk off what is now the Isle of Palms.
“It was an obstacle course,” Spirek said.
Smugglers still tried to slip through the shallow beach channels. Some didn’t make it.
“The Georgiana, in this case, it’s spotted and it’s chased by the Union by and the blockade was, you know, firing heavy cannons at it. And so apparently it did disable the vessel. And then the captain, the Georgiana, wrecked onto a shoal.”
A year later, another ship, the Mary Bowers, wrecked onto the Georgiana. On sonar scans, the two form an X on the seafloor.
“And so we, you know, like to say that X truly marks the spot,” Spirek said.
Divers who first documented the wrecks in the 1960s described murky water and cargo seemingly frozen in time. When archaeologists returned decades later, visibility remained limited, sometimes only a few feet.
But even in dark water, history is visible.
“There’s still information out there and it’s amazing what can be preserved,” Spirek said.
He calls the wrecks “nonrenewable resources.”
“We’re not going to get, hopefully, another American Civil War,” Spirek said. “So these things are never going to be made or anything of that nature. So that’s why we look to preserve them.”
While history rests offshore, erosion is eating away at the island’s shoreline. The U.S. Army Corps of Engineers and the city of Isle of Palms are planning a major beach renourishment project expected to begin this summer, with an estimated cost of $30 million.
“If we don’t restore the beaches, the erosion starts to threaten the critical infrastructure: homes, buildings, parking areas, public use areas. And then we end up with a lot of storm damage,” Steven Traynum, president of Coastal Science and Engineering, said.
Beach renourishment involves dredging sand from offshore and pumping it onto the shoreline. But not just any sand will do.
“Beach sand has to be a certain character. It’s got a certain grain size, certain color or certain texture. And we try it when we’re doing dredging projects and beach restoration. We’re trying to match the native sand as much as we possibly can,” Traynum said.
Some of the best beach-quality sand sits near the historic wreck sites.
“We’re trying to avoid the, the most critical area where we know most of the wrecks are, even though there’s some really good sand there,” Traynum said.
Removing too much sand near a wreck could destabilize it. Changing currents could scour away protective sediment, exposing fragile wood hulls to faster deterioration. To prevent that, archaeologists and engineers establish buffer zones, essentially invisible circles around known shipwrecks and magnetic anomalies.
“If it’s a known shipwreck where you know what the ship is, we put a very large buffer around that because we don’t want to get anywhere close,” Traynum explained.
Spirek says the process is rooted in federal law when federal funding is involved, requiring consultation and cultural resource surveys before dredging begins. If something significant is found, work can be adjusted.
For engineers, it’s about stewardship as much as construction.
“The worst thing we want to see is a historic artifact come through that dredge pipe,” Traynum said.
Ironically, ships once sunk to blockade Charleston are still influencing the coastline today.
Spirek notes that in previous debates over renourishment, headlines joked that the Stone Fleet was “still blockading” the coast.
More than 160 years later, the obstruction is no longer military; it’s historical.
“It’s really just a balance. I don’t see why we need to just blow through shipwrecks just because they’re in the way,” Spirek said.
Above water, waves continue their slow work of reshaping the shoreline. Below, wooden hulls rest in sand and shadow, remnants of a naval battlefield few beachgoers will ever see. The challenge for the Isle of Palms is not choosing between beach and history: it’s protecting both.
ISLE OF PALMS, S.C. (WCIV) — On the Isle of Palms, concerns among the community are growing over firefighter and paramedic staffing.The wife of an Isle of Palms paramedic is sounding the alarm about coverage during medical emergencies. She claims that if the city doesn't make changes soon, there could be serious consequences during emergencies when lives are on the line."We lost quite a few firefighters last year," said Danielle Murphy, whose husband has been a firefighter for more than a decade.R...
ISLE OF PALMS, S.C. (WCIV) — On the Isle of Palms, concerns among the community are growing over firefighter and paramedic staffing.
The wife of an Isle of Palms paramedic is sounding the alarm about coverage during medical emergencies. She claims that if the city doesn't make changes soon, there could be serious consequences during emergencies when lives are on the line.
"We lost quite a few firefighters last year," said Danielle Murphy, whose husband has been a firefighter for more than a decade.
READ MORE | "Continued seawall dispute on Isle of Palms raises environmental concerns."
According to her, when he joined the Isle of Palms Fire Department, his starting salary was low. She believes that pay is the reason for staffing shortages.
There are currently six firefighter-paramedics employed, according to the Isle of Palms city website.
Murphy, however, contends they are down to three and two more may be leaving soon for better-paying jobs.
"We have three paramedics left and that is for two different fire stations," she said.
Isle of Palms said it has three open paramedic positions. They could not confirm the current salary for those employees.
Murphy has asked the Isle of Palms City Council to reconsider its budget, but has not found much success, she said.
City officials declined to comment on the matter.
Paramedics are crucial in providing critical care that EMTs can't.
READ MORE | "Isle of the Palms weighing funding options to renourish beach."
There was a four-day stretch with no paramedics working at the fire department, Murphy said.
"This is dire and people can die," she said. "The council has constantly brushed this off."
Isle of Palms officials officals hope the current wage and competition will attract more firefighter-paramedics, they said.
ISLE OF PALMS, S.C. (WCSC) — The City of Isle of Palms is bringing back one of their committees after a four-year hiatus.The committee had its last meeting in 2022, ceasing to meet again after the city restructured its committee system. The City Council introduced workshops as a replacement to go over projects and finances in an additional meeting before voting.Now, the council has asked the Ways and Means Committee to return so they can have a meeting strictly for finances.“Our codes allow us some flexibilit...
ISLE OF PALMS, S.C. (WCSC) — The City of Isle of Palms is bringing back one of their committees after a four-year hiatus.
The committee had its last meeting in 2022, ceasing to meet again after the city restructured its committee system. The City Council introduced workshops as a replacement to go over projects and finances in an additional meeting before voting.
Now, the council has asked the Ways and Means Committee to return so they can have a meeting strictly for finances.
“Our codes allow us some flexibility to rework our workshops and spend more time on the financial aspect of it as opposed to some of the projects or items needing approval,” Isle of Palms Mayor Philip Pounds said. “So, we’ll take those items for approval straight to a council meeting as opposed to stopping at a workshop and having some conversation.”
The committee would once again replace the workshops, meaning councilmembers would only see projects one time before voting.
Pounds believes the city has been successful with the workshop format, but said he received feedback from the council, who asked for a change.
Because of this, it’s coming back in April to give council more time to focus on project finances, such as drainage, beach restoration and road improvements.
“You know from a financial standpoint, we look at it every month,” Pounds said. ”We look at our results every month. We look at our cash position every month, but I’m very comfortable with where we sit from a budget in a reporting standpoint.”
The city has already started to restructure their meeting for a smooth transition.
The city hopes that adding back the Ways and Means committee could potentially streamline project financing, but they plan to continue to evaluate the process.