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 James 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 James 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 James 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 James 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.
CHARLESTON — Bargain hunters on James Island will soon have a new spot to score deals as Dollar Tree adds a second location this week.The store will open its doors on Dec. 4 at 856 Folly Road, according to manager Jim Ruquet.It’s the latest tenant to join the shopping center near Camp and Folly roads, anchored by an Aldi grocery store that opened last October, and Planet Fitness which opened in 2022 in the space previously occupied by a Bi-Lo supermarket.Already, aisles are stocked with home goods, kitchen es...
CHARLESTON — Bargain hunters on James Island will soon have a new spot to score deals as Dollar Tree adds a second location this week.
The store will open its doors on Dec. 4 at 856 Folly Road, according to manager Jim Ruquet.
It’s the latest tenant to join the shopping center near Camp and Folly roads, anchored by an Aldi grocery store that opened last October, and Planet Fitness which opened in 2022 in the space previously occupied by a Bi-Lo supermarket.
Already, aisles are stocked with home goods, kitchen essentials, party supplies, and a cooler along the back wall for refrigerated items. “Now Hiring” signs with QR codes for applicants are posted on the doors.
The Dollar Tree joins the company’s other location at 1291 Folly Road, in the Food Lion-anchored Island Plaza. It location will remain open, according to store manager Rich Granville.
The Chesapeake, Vi.-based retailer, which operates about 9,000 stores throughout the U.S. and Canada, including 195 in South Carolina, has been opening more stores in the Lowcountry.
In October, Dollar Tree opened its second West Ashley location in October, nine months after it opened on Orleans Road, across from Citadel Mall.
In March, the chain announced it was divesting its Family Dollar business, selling it to Brigade Capital Management and Macellum Capital Management for $1 billion.
The sale was finalized in July, with net proceeds from the sale estimated to total approximately $800 million, according to the the company.
Mike Creedon, Dollar Tree’s chief executive officer, told investors Oct. 15 that more than 1,100 new stores had opened nationwide since 2023, capturing a budget-conscious market as customers are “looking to recover from highest inflation in decades.”
According to the company, 85 percent of products at Dollar Tree cost $2 or less.
JAMES ISLAND, S.C. (WCIV) — One of Charleston County Parks' most anticipated events of the year is back for the holiday season.The 36th annual Holiday Festival of Lights opened at James Island County Park on Friday, Nov. 14."It's one of the most popular holiday attractions here in the Lowcountry," said Sarah Reynolds, the public information coordinator for Charleston County Parks. "The Holiday Festival of Lights is a three-mile drive through over 750 light displays and an estimated 2 million lights."...
JAMES ISLAND, S.C. (WCIV) — One of Charleston County Parks' most anticipated events of the year is back for the holiday season.
The 36th annual Holiday Festival of Lights opened at James Island County Park on Friday, Nov. 14.
"It's one of the most popular holiday attractions here in the Lowcountry," said Sarah Reynolds, the public information coordinator for Charleston County Parks. "The Holiday Festival of Lights is a three-mile drive through over 750 light displays and an estimated 2 million lights."
Visitors can expect to see their favorite light displays, and new additions.
"We always have a little something new in the lights every year, so you'll have to come out and see what's new," said Reynolds.
New for this year? A New Year's Eve fireworks display on Dec. 31 at 8 p.m.
In addition to the drive of fantastical lights, visitors are also encouraged to park the car and head over to Santa's Village.
"We have gift shops. There's a sweet shop. Santa is here every night through December 23rd. We have special entertainment and live music on other nights. And so there's really so much more to do and see. There's a carousel, a festival train," said Reynolds. The village also features food vendors, s'mores, and a rock-climbing wall.
In addition to Santa Claus, the Grinch also stopped by for opening night to promote 'How the Grinch Stole Christmas the Musical' at the North Charleston Performing Arts Center.
Charleston County Parks encourages visitors to the Holiday Festival of Lights to buy tickets in advance, and to take advantage of discount-pricing days.
"We have over 200,000 people typically each year that come to the Holiday Festival of Lights. So that's a lot. And I think it's around 60,000 cars," said Reynolds.
The Holiday Festival of Lights is open every night at 871 Riverland Drive, from 5:30pm to 10pm through Dec. 31, 2025.
It is Week 3 of the SCHSL and SCISA high school football playoffs.Class 5A Division IUpper StateDutch Fork 21, Byrnes 0Dorman 35, Ridge View 14Lower StateSummerville 29, Carolina Forest 28James Island 45, Stratford 42Nov. 28Upper State(2) Dorman at (1) Dutch ForkLower State(6) James Island at (5) SummervilleClass 5A Division IIUpper StateNorthwestern 52, Gaffney 45Indian Land 43, TL Han...
It is Week 3 of the SCHSL and SCISA high school football playoffs.
Upper State
Dutch Fork 21, Byrnes 0
Dorman 35, Ridge View 14
Lower State
Summerville 29, Carolina Forest 28
James Island 45, Stratford 42
Nov. 28
Upper State
(2) Dorman at (1) Dutch Fork
Lower State
(6) James Island at (5) Summerville
Upper State
Northwestern 52, Gaffney 45
Indian Land 43, TL Hanna 41
Lower State
Irmo 28, White Knoll 14
Berkeley 61, Myrtle Beach 13
Nov. 28
Upper State
(3) Indian Land at (1) Northwestern
Lower State
(2) Berkeley at (1) Irmo
Upper State
South Pointe 56, AC Flora 14
Westside 24, Camden 21
Lower State
South Florence 49, North Augusta 14
Gray Collegiate 31, Hilton Head Island 28
Nov. 28
Upper State
(3) Westside at (1) South Pointe
Lower State
(3) Gray Collegiate at (1) South Florence
Upper State
Powdersville 52, Mountain View Prep 30
Belton-Honea Path 13, Woodruff 3
Lower State
Oceanside Collegiate 42, Dillon 0
Loris 51, Newberry 21
Nov. 28
Upper State
(3) Belton-Honea Path at (1) Powdersville
Lower State
(3) Loris at (1) Oceanside Collegiate
Upper State
Fairfield Central 42, Clinton 7
Strom Thurmond 31, Chester 8
Lower State
Hampton County 56, Manning 6
Central 57, Philip Simmons 47
Nov. 28
Upper State
Fairfield Central at Strom Thurmond
Lower State
Central at Hampton County
Upper State
Lewisville 42, CA Johnson 14
Lamar 44, Hunter-Kinard Tyler 22
Lower State
Cross 42, Johnsonville 14
Bamberg-Ehrhardt 48, Carvers Bay 20
Nov. 28
Upper State
Lewisville at Lamar
Lower State
Cross at Bamberg-Ehrhardt
Friday
8-Man: WW King 50, Laurens Academy 36
Class 4A: Northwood 61, Heathwood Hall 7
Saturday
Class 2A: Bethesda 54, Pee Dee Academy 15
Class A: Colleton Prep vs. Williamsburg Academy, 3:30 p.m. (at SC State)
Class 3A: Wilson Hall vs. Pinewood Prep, 7:30 p.m. (at SC State)
JOHNS ISLAND, S.C. (WCSC) - Johns Island community members shared what they want to see with a potential sales tax extension.Charleston County leaders are gathering ideas from residents on how dollars should be used from a potential extension of the half-cent Transportation Sales Tax.The county’s sales tax approaches an expiry date in 2027. Council leaders are deciding how an estimated $4.2 billion will be used for future transportation, transit and green space improvements if the tax is extended.The Johns Island c...
JOHNS ISLAND, S.C. (WCSC) - Johns Island community members shared what they want to see with a potential sales tax extension.
Charleston County leaders are gathering ideas from residents on how dollars should be used from a potential extension of the half-cent Transportation Sales Tax.
The county’s sales tax approaches an expiry date in 2027. Council leaders are deciding how an estimated $4.2 billion will be used for future transportation, transit and green space improvements if the tax is extended.
The Johns Island community met leaders at Saint Johns High School Wednesday to share their input.
The meeting falls under a series of Charleston County opportunities.
Some residents raised concerns about how leaders will prioritize necessary projects county-wide with the limited amount of funds if the tax is extended.
County leaders say the future of the Mark Clark extension or Interstate 526 from West Ashley would not be considered in the upcoming referendum. Leaders say the county withdrew their hand from the project. This leaves the State Department of Transportation to bring it back to the table.
County leaders are partnering with municipal leaders and the Berkeley-Charleston-Dorchester Council of Governments to put together a model traffic and safety data, along with community input, to bring results to the county council. Feedback will be taken to the council for consideration in December and January.
Residents have until Dec. 1 to submit their thoughts on how the dollars should be spent on the county’s for phase one.
Residents also heard updates on the ongoing Main Road Segment A Project. The project focuses on improving congestion for drivers along Main Road and U.S. Highway 17. A more than $300 million construction contract was awarded to the project from the 2016 Transportation Sales Tax.
County Director of Public Works Eric Adams says community members have shared their concerns for traffic congestion, mobility and greenspace in meetings so far. Adams calls the Main Road project an example of uses for sales tax funds.
“Seventeen and Main is one of our premier projects, being that it is a congestion point and really needs to be addressed,” Adams says. “So it ties directly into what we’re going to talk about with potential improvements. So these types of improvements, if the community feels strongly about other intersections, we want to know about that as well.”
includes adding a roundabout at Main Road and Chisolm and River Roads. Drainage improvements, as well as pedestrian accommodations, are additional pieces of the plan.
County leaders say the project’s right-of-way acquisitions are 90% complete, along with a 95% completion for a temporary bridge access.
Johns Island resident Maria Owens once said “no” to extending the sales tax. She is now reconsidering her decision if the dollars will make Main Road traffic improvements that impact outside of her home.
“Traffic is just terrible out there,” Owens says. “You can’t even get out of your driveway, so we would like for them to improve this Main Road to alleviate some of this traffic coming from Old Pond Road.”
More information on the project and updates on the next quarterly Main Road project meeting are on the project’s website.
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