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 John's 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 John's 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 John's 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 John's 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.
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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JOHNS ISLAND, S.C. (WCSC) - A new fire station is coming to Johns Island thanks to a county property agreement from 2009.Charleston County leaders came to an agreement with developers Kiawah River Investment, LLC, and Ocean Boulevard Properties, L.P., for more than 1,400 acres of property.The soon-to-be Kiawah River community is bringing more than 1,200 homes, along with commercial spaces and storage.A portion of that agreement will lease three highland acres of land to Charleston County for 99 years.St. John&rsqu...
JOHNS ISLAND, S.C. (WCSC) - A new fire station is coming to Johns Island thanks to a county property agreement from 2009.
Charleston County leaders came to an agreement with developers Kiawah River Investment, LLC, and Ocean Boulevard Properties, L.P., for more than 1,400 acres of property.
The soon-to-be Kiawah River community is bringing more than 1,200 homes, along with commercial spaces and storage.
A portion of that agreement will lease three highland acres of land to Charleston County for 99 years.
St. John’s Fire District leaders expect construction to begin on a new station by the summer of 2026.
Plans detail an around 11,000 square foot station along Kiawah River Drive. Around eight to 10 fire personnel will operate out of the facility.
St. John’s Fire District Ryan Kunitzer says firefighters will have a new space to train for service calls as well as a place to decompress during their 24/48 hour shifts.
“We plan to have a large training room so we can do things like CPR classes,” Kunitzer says. “It’s going to have a state-of-the-art workout room so that our firefighters can maintain their health and wellness. And then also, a great living area as well, too, so that our firefighters can have some downtime between incidents.”
Kunitzer says the overall goal for the new facility is to meet the demand and needs of the growing community.
“In areas where there is growth, and from the size of the buildings, and how many buildings as well, so that we have an effective response force,” Kunitzer says. “It’s not just this station, it’s other stations around it as well that, if there is a fire, that we can meet the needs of what is happening on that scene.”
Charleston County District 8 Councilman Joe Boykin says the property will become a hub for public safety.
“We’re also going to build a new EMS station that will include a small sheriff’s office substation,” Boykin says. “So they will all be co-located right on the same property, and it will be a very strategic area for which they can respond and cover the lower part of Johns Island and also support Kiawah and Seabrook.”
Leaders are hoping for the completed fire facility in 2027.
CHARLESTON — Growing pains on Johns Island have long included traffic woes and infrastructure strain — and now an unusual wave of power outages.Berkeley Electric Cooperative, which provides power for many residents of the area, said an “abnormal” number of outages have affected neighborhoods throughout the summer and fall with recent events occurring Oct. 7 and Oct. 9.A review of the past six months of Johns Island outage activity in the River Road area from Main to Maybank roads found 75 outages, each a...
CHARLESTON — Growing pains on Johns Island have long included traffic woes and infrastructure strain — and now an unusual wave of power outages.
Berkeley Electric Cooperative, which provides power for many residents of the area, said an “abnormal” number of outages have affected neighborhoods throughout the summer and fall with recent events occurring Oct. 7 and Oct. 9.
A review of the past six months of Johns Island outage activity in the River Road area from Main to Maybank roads found 75 outages, each affecting an average of 245 meters.
The average outage lasted 1 hour, 39 minutes, according to Libby Roerig, director of marketing and communications for the utility.
The cause of most of these outages — 73 percent — are related to construction in the area.
“It’s an abnormal cluster (of outages) due to abnormal circumstances,” said Roerig.
In comparison, during this same time period and service territory in 2024, Berkeley Electric Cooperative recorded 40 outages, not including Hurricane Helene, that on average each affected 105 meters and lasted 1 hour, 57 minutes.
Residents have taken to social media to post about the outages, with one poster commenting, “It seems like every other day.”
Utility officials say the interruptions are largely tied to rapid growth and construction projects, including the new Johns Island Elementary School, which opened this fall school year, and the Main Road corridor improvements that will widen the high-traffic artery between River and Chisholm roads.
“Sixty-six percent of that majority (of outages) are related to crews working on live electrical lines that are intentionally placed in a protective mode,” Roerig said. “In this state, the lines become extremely sensitive, and the system’s automatic reset function is disabled to ensure maximum safety for lineworkers.”
When lineworkers are actively working near power lines, even minimal contact — such as a small branch or animal — can trigger a full outage, whereas under normal conditions, it would merely cause a localized ’blink,’ or momentary interruption, Roerig said.
One outage on Oct. 7 knocked out power completely for about 20 minutes. Two days later on Oct. 9, power flickered for residents on Johns Island for about 20 minutes, was caused by a construction vehicle that struck an overhead transformer.
The vehicle was involved with working on the Main Road widening project, Roerig said.
“As a utility, we’re working to build the most resilient system possible, but we don’t have control when our equipment is damaged by a third party,” Roerig said. “We strive for having no outages, but things happen with fast-growing areas.”
She said crews have been working “hands-on and energized” lines as they reroute power lines near the school and road construction zones which added to interruptions this summer.
“It’s the nature of being a utility,” she said. “We can’t control when hurricanes or bad afternoon thunderstorms hit, but we can control how we respond.”
When outages occur, Roerig said the utility strives to “isolate” affected areas and reroute power through different substations or circuits to restore service and have local workers on the island who can respond quickly when outages occur.
Several areas, especially newly built neighborhoods on Johns Island have power lines buried, but underground lines can still be impacted.
“Underground lines have to come above ground at some point and you're going to have the same outage as you would in other (above ground) places if someone hits a power pole,” Roerig said. “We are optimistic we’ll be able to return to normal outage activity levels once construction is completed.”
Charleston City Councilman Jim McBride, whose district inlcudes Johns Island, said seven constituents personally reached out to him about the intermittent power issue. He said he has been in discussion with Berkeley Electric directly about it.
“They confirmed they are working on investigating each instance I sent to them and sending me back the result of what they found out,” McBride said. “Due to the many trees and branches near power lines around Johns Island, there is a lot of opportunity for temporary power outages when branches or trees fall into power lines.”
“The good news is that Berkeley Electric has done a lot of reliability investment in the Johns Island area in the past few years to help with faster restoration,” he said, adding that Santee Cooper recently upgraded its transmission line on the sea island to reduce outages and “to provide faster response.”
JOHNS ISLAND, S.C. (WCSC) - The City of Charleston is seeking public input on plans for Johns Island’s first-ever recreation and aquatic center.Council members say this is a long-awaited project that will bring major amenities to one of the region’s fastest-growing communities.The proposed design includes two swimming pools, an indoor gymnasium with two basketball courts, fitness rooms, classrooms, multipurpose spaces, a catering kitchen, outdoor pickleball and basketball courts and an inclusive playground and splas...
JOHNS ISLAND, S.C. (WCSC) - The City of Charleston is seeking public input on plans for Johns Island’s first-ever recreation and aquatic center.
Council members say this is a long-awaited project that will bring major amenities to one of the region’s fastest-growing communities.
The proposed design includes two swimming pools, an indoor gymnasium with two basketball courts, fitness rooms, classrooms, multipurpose spaces, a catering kitchen, outdoor pickleball and basketball courts and an inclusive playground and splash pad.
The project, located off Maybank Highway, will be funded by the City’s $70 million parks bond referendum that was overwhelmingly approved by voters in 2023.
City officials say the preliminary design incorporates nearly all the amenities that residents have requested so far. Their primary interest in seeking feedback lies in the number of multipurpose rooms, noting the island’s limited meeting spaces.
Charleston District 3 Councilmember Jim McBride says the new center will provide convenient, much-needed recreation opportunities for residents who currently must travel long distances to access similar facilities.
“These kinds of things are needed public services,” McBride says. “When they’re on the island, people don’t have to drive a long way to get that. Right now, if someone wants to use a pool, they have to drive 20 or 30 minutes away and that’s a barrier for some people.”
City leaders believe expanding recreational options on Johns Island will help reduce traffic congestion by giving families more reasons to stay on the island for activities.
The public feedback meeting will be held Monday from 5:30 p.m. to 7 p.m. at Haut Gap Middle School, where city officials and the design team will present preliminary plans for the 50,000-square-foot facility.
Construction of the recreation and aquatic facility is expected to begin within the next two years.