Real Estate Law in John's Island, SC

JOHNS ISLAND — A national homebuilder has reached the end of its appeals in state courts fighting for what it believes is its right to cancel sales contracts for any reason it wants.

That includes putting a customized house back on the market to sell to another buyer at a higher price.

A March 11 ruling by the S.C. Supreme Court culminates the five-year lawsuit against Charlotte-based Eastwood Homes filed by contracted buyers of nine homes within the builder’s Swygert’s Landing subdivision on Johns Island.

The case centered on a dispute between the buyers and builder after Eastwood canceled each of their contracts on the same day in June 2021, some shortly before the sales were to close. In return the buyers were given a refund of their deposits and $100 for “damages.”

Ever since, the purchasers have stood their ground against the homebuilder for breach of contract, arguing the language regarding cancellation was vague, unfair and one-sided.

Two state courts have since agreed. The Supreme Court has declined to intervene in those decisions.

“Eastwood has spent five years trying to convince a court, any court, that it should be able to cancel contracts on families days before closing and walk away with no consequences,” attorney Ross Appel, co-counsel for the purchasers, told The Post and Courier. “This issue is now settled. These are real contracts with real families and Eastwood is going to be held accountable."

Plaintiffs Chris and LaShonda Jones Rayborn were one month away from closing when they got the email on June 4, 2021 — a day Chris Rayborn said is burned into his memory.

“At the time, we were living in a townhouse and had already purchased all the furniture and everything,” he said.

They waited out years in the crammed space before inevitably buying another house on Johns Island.

Lou Galvinos and his wife, Kimberly, were in a similar spot. Four days before the Eastwood email arrived, the plaintiffs had sold their Kentucky house and put their belongings in storage. Because they had to move to Charleston for jobs, they ended up living in a nearby apartment for three years with their items in storage hoping the case would have resolved sooner.

But they and the other buyers stuck it out, filing individual lawsuits against Eastwood that later became one big play against the homebuilder.

“Our lawyers said it would be a very hard sell, but we didn’t think it would be because we were the ones who were wronged,” Galvinos said. “We signed the contract with them, asking about price increases and stuff like that. They said the price is guaranteed once you sign the contract … (because) they buy all the products right then.”

In June 2025, the S.C. Court of Appeals upheld an initial 2024 ruling by Charleston County Master-in-Equity Mikell Scarborough that said the cancellation provision in Eastwood’s standard contract are “unconscionable” — or so unfair and unreasonable that they’re unenforceable.

The builder has long-maintained language in a specific contract clause gives the company unilateral authority to cancel agreements at any time prior to closing if a “bonafide dispute” arose. The clause also gave Eastwood the sole discretion to define what a “dispute” is.

The builder doubled-down in a 2024 hearing, so much so that Allen Nason, the company’s general counsel, said that cancellations are up to “the seller’s sole judgment, so I don’t really care what your opinion is. It is only my opinion that matters, period."

After Eastwood was twice denied, it then petitioned the state Supreme Court to take its case. But the high court ruled March 11 in a one-sentence order: “Based on the vote of the court, the petition … is denied.”

Eastwood’s lawyer, Ward Bradley, did not respond to a request for comment.

The buyers, who planned to move from all over the U.S. to Johns Island, entered into separate contracts with Eastwood from September 2020 to January 2021 to build houses to their specifications on lots they selected, according to the legal filing.

The prices ranged at the time from $534,000 to nearly $609,000.

For the last few years, the Swygert’s Landing homes have sat vacant and in various stages of construction — some completed while others have bare-bones foundations.

The lawsuit alleges Eastwood suddenly terminated their contracts citing a "legal error" in the paperwork, asking the buyers instead of waiting for a fix to negotiate a new contract for the same property at "current market value."

By that time, home prices in the area had risen to upwards of $800,000.

A majority of the homeowners have since found new living situations, but Appel said the Supreme Court ruling now brings the original, individual lawsuits against the builder back into play. The breach of contract complaints had stalled for years to focus on the combined lawsuit.

“We are excited to get through these appeals and get these cases in front of a jury,” said Michael T. Cooper of Apostolou Law Firm, who is co-counsel for the buyers. “Like the appellate courts have done, we believe the jury will ultimately side with these innocent home buyers and look forward to that day.”

The nine individual lawsuits are now “back on track,” Appel said. The main outcome at this point is damages, rather than following through on the sales.

“We have a lot of time and money tied up into this. As far as lost equity, we lived in an apartment for three years hoping we’d get it… so we weren’t paying a mortgage then,” Galvinos said. “If we would have gotten the house when we were supposed to, we’d have a sub-3-percent mortgage. So you’re talking about all of that and storage for three years.”

The builder said they’d most likely tear the homes down anyway, Raborn said. Glavinos added that Eastwood told them “they’d never sell us the house anyway.”

While the March 11 ruling is only applicable for the nine buyers of these specific homes, Eastwood contracts around the state could potentially be affected because the disputed language must be removed, Appel said.

JOHNS ISLAND, S.C. (WCSC) — A proposed 296-acre residential subdivision along Plow Ground Road is moving through city review, while nearby, the Lowcountry Land Trust is expanding a 96-acre corridor of protected land, including wetlands and forested areas.

The project highlights the island’s unique approach to balancing growth and conservation. City planners said the Urban Growth Boundary helps guide where development should occur and where land should remain protected, ensuring new housing coexists with preserved natural spaces.

Planning Director Robert Summerfield said the Woodall development is still in technical review, with revisions needed for stormwater management before construction can begin. He said the Urban Growth Boundary is “about balance, protecting environmentally sensitive areas while providing opportunity for housing in the right places.”

Meanwhile, the Lowcountry Land Trust is working to preserve connected landscapes along Plow Ground Road.

“Connected, protected landscapes are the goal, whether you have six acres or 600 acres, there’s value in protecting that land for generations to come,” Chief Conservation Officer Kate Parks Schaefer said.

The Holmes Tract, a six-acre parcel added to the corridor, safeguards three acres of forested wetlands that drain into Bohicket Creek. These wetlands act as natural sponges and filters, slowing stormwater and trapping pollutants, protecting water quality and the local ecosystem.

“When we close our eyes and we think of home in the Lowcountry, we think of wild places, wildlife habitat, and clean water. Conservation easements help us achieve those things,” Schaefer said.

The Urban Growth Boundary ties it all together, showing where development is appropriate and where conservation efforts can preserve the island’s rural character. On Johns Island, growth and preservation aren’t opposing forces; they’re parts of a balanced approach to planning, ensuring residents can enjoy both housing and natural open space for generations to come.

JOHNS ISLAND, S.C. (WCSC) — As Charleston County moves forward with a more than $350 million road project aimed at easing congestion at the intersection of U.S. Highway 17 and Main Road, some drivers said the construction is disrupting their daily routine and raising safety concerns.

The long-planned project includes building a new interchange with flyover off-ramps connecting northbound and southbound U.S. 17 to Main Road, along with a Main Road spur bridge over U.S. 17. County leaders have said the improvements are designed to address persistent traffic backups in one of the region’s fastest-growing areas.

A key concern for one driver, James Adams, is the closure of Old Charleston Highway, which is being used to store construction equipment and allow crews to move between the two major roadways. The closure has limited direct access to several nearby businesses, including a Waffle House, a laundromat and a seafood restaurant.

Drivers who once used Old Charleston Highway as a side route now must enter and exit through the heavily congested intersection, navigating fast-moving traffic and frequent standstills.

Adams, who has lived in the area since 2016 and commutes from James Island, said he used to regularly visit the Waffle House near the intersection. Now, he often avoids it.

“With the construction, it’s not safe to turn around,” Adams said. “No matter how far you go down, you’re going to have to fight the traffic and then turn around and come back. I’m living over on James Island, which makes it a big problem.”

He said he is especially frustrated by the decision to block off direct access to the businesses.

“I’m just concerned that they have blocked the entrance into the businesses over here,” Adams said. “I mean, there’s no reason that they can’t allow customers to still come straight across.”

Adams said he has also noticed fewer customers inside the restaurants.

“All the businesses here, not only just Waffle House, are having the same problem,” Adams said. “People are not going… because of this construction. In fact, the Waffle House would normally be completely full right now and there’s just a few people in it.”

Adams said when construction first began, Old Charleston Highway remained open to drivers. Now that access is blocked, he worries the detours are not only inconvenient but potentially dangerous.

Project Manager Herb Nimz said the county understands the frustrations but emphasized the long-term goal of the work.

“We appreciate the community’s patience as the U.S. 17 and Main Road improvements take shape,” Nimz said. “There’s no question that a project of this scale brings temporary disruptions, and the project team is working hard to manage those impacts while keeping this critical work on track. In the end, these short-term inconveniences will pay off with safer travel, reduced congestion, and smoother, more reliable commutes for everyone.”

The overall project is expected to be completed by September 2028. There is currently no timeline for when Old Charleston Highway will reopen.

JOHNS ISLAND — For local construction business magnate Tony Berenyi, his remote island home on a swath of land in the center of Bohicket Creek has been a pleasant respite from the hustle and bustle of greater Charleston.

He’d never expected it to catch fire, let alone twice in one day.

Around 17 hours after the two-story Hopkinson Plantation Island home first ignited the morning of Feb. 24, it lit up yet again. The second time was devastating. Only a few exterior walls of the home remain. The rest is ash.

At 10 p.m., neighbors called Berenyi to report a “bonfire” at his home. Photos sent to the newspaper from a resident who lives across Bohicket Creek showed a massive orange plume, billowing dark gray smoke which had been illuminated by the blaze.

“It makes no sense,” Berenyi said. “The house was saturated (with water).”

The fire was under control shortly after midnight Feb. 25, said Ryan Kunitzer, chief of the St. Johns Fire District.

The Charleston County Sheriff’s Office and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives are aiding in the probe to determine the cause, an upgrade in investigative efforts following the smaller blaze that had engulfed the home’s living room that morning.

Berenyi had allowed his daughter to stay at the remote island home by herself this past weekend, Berenyi told The Post and Courier by phone Feb. 25.

She’d built a fire in the living room fireplace the evening of Feb. 23. Berenyi’s daughter extinguished the flame before heading to bed.

The next morning, she awoke to screeching fire alarms.

As the sun rose over the marshland, firefighters were snaking a giant hose across the long, 5-foot-wide wooden footbridge that connects the island to mainland. It’s the only point of ground access to Berenyi’s home. Crews got the call around 6 a.m., and rushed to the scene.

Firefighters utilized the bridge, golf carts and a 38-foot pump boat to reach the scene, said Kunitzer.

The burn was completely extinguished around 10 a.m. Berenyi’s daughter was safe, so was the dog she’d brought along, her father said.

Around 17 hours later, the house ignited again in what Berenyi describes as an event that “defies logic.”

Berenyi owns Berenyi Consulting, an organization that provides architectural and engineering guidance on construction projects. He’d built the Johns Island home in 2002, Berenyi said. He and a friend own the entire eight-acre island.

Berenyi sent out his construction crew shortly after the morning blaze was extinguished. Then he personally checked out the home that afternoon. There was no evidence of any remaining embers or fire that he could see, he told the newspaper.

But by 11 p.m., Kunitzer’s fire crews were again on the scene, repeating the exact same efforts they’d done several hours prior.

The fire was under control shortly after midnight Feb. 25.

“I can’t speculate on arson,” Kunitzer told The Post and Courier. There could be several reasons why the home re-ignited, he added.

Berenyi doesn’t believe the second blaze was purposeful, either. He made a point to explain that he’ll collect no insurance money from this incident.

“That house has been a gift to many people in the Charleston community,” Berenyi said. It’s a spot frequented by friends and family when he’s not actively using it.

He laments the loss of photos of his mother and the Bronze Star medal he’d earned after military service, Berenyi told The Post and Courier. Ultimately, the loss of the items doesn’t outweigh his relief that no one was hurt.

“I’m gonna rebuild, and rebuild better,” he said.

JOHNS ISLAND, S.C. (WCIV) — Helping combat the Lowcountry’s affordable housing crisis is a multilevel effort.

Recently, the City of Charleston and Charleston County launched new initiatives aimed at helping lower-income residents afford homeownership. The work is not limited to the government.

On Johns Island this week, Sea Island Habitat for Humanity is hosting its annual Women Build event, giving volunteers a chance to help construct a home for future homeowner Carol Mack.

The sound of steady construction filled the lot where Mack’s home is taking shape. Teams of volunteers worked alongside skilled craftsmen to move the project forward. Mack said taking part in the build is “rewarding.”

Regional Habitat for Humanity organizations are working to help Mack and others bridge the funding gap that often prevents families from purchasing homes. Emily Speck, with Sea Island Habitat for Humanity, said the need is especially urgent in Charleston County.

“And we all know that that is a crisis, especially in Charleston County,” Speck said.

According to the Charleston Metro Chamber of Commerce, nearly 90,000 families in the region spend about 30% of their income on housing costs.

Habitat for Humanity helps address that burden by setting mortgage terms designed to keep homes affordable. Speck said homeowners typically fall at or below 80% of the area median income, a range where affordable options can be difficult to find.

“The biggest thing for us is really that affordability,” Speck said. “Our homeowners fall within that 80% of median income. And really, depending on the families, that’s hard to find housing like that.”

Another goal is to place families in homes close to where they work.

READ MORE | "Habitat for Humanity merger aims to boost affordable home ownership in Charleston area."

Speck said advocacy is also part of the organization’s mission, whether that means traveling to Washington, D.C., or Columbia, South Carolina, or hosting community events.

“So advocating may look like going to D.C. or going to Columbia, but it’s also events like this,” Speck said. “It’s bringing the community out, showing them what we can all do together.”

About 300 volunteers are expected to participate in the build this week, a pace organizers say could shave nearly two months off construction time.

The project is expected to be completed in the spring.

“It’s something I’m going to own and look forward to,” Mack said.

A groundbreaking is also planned later this year for Sweetgrass Preserve, a 40-home development planned for Johns Island.