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 Kiawah 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 Kiawah 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 Kiawah 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 Kiawah 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.
Follow winding, oak-shaded roads 25 miles southwest of downtown Charleston's cobblestone streets and celebrated restaurant scene, and you'll find yourself on Kiawah Island. Carved by the Kiawah River on one side and fronting the Atlantic Ocean on the other, the barrier island is a true escape.Here, nature reigns supreme. Ten miles of beaches roll out along the Atlantic; cicadas form their own sort of soundtrack; and lights-out is often determined by the sea turtles' nesting season. Even so, there's plenty to do for travelers who like ...
Follow winding, oak-shaded roads 25 miles southwest of downtown Charleston's cobblestone streets and celebrated restaurant scene, and you'll find yourself on Kiawah Island. Carved by the Kiawah River on one side and fronting the Atlantic Ocean on the other, the barrier island is a true escape.
Here, nature reigns supreme. Ten miles of beaches roll out along the Atlantic; cicadas form their own sort of soundtrack; and lights-out is often determined by the sea turtles' nesting season. Even so, there's plenty to do for travelers who like their time in nature punctuated with good food, luxurious creature comforts, and a frozen drink in hand.
Here are the best things to do in Kiawah Island, South Carolina.
Built around a lush lawn, Freshfields Village has plenty of restaurants and shops to explore, plus a boutique stay, the Andell Inn. Pick up a beach read at Indigo Books; snag treats for your four-legged friends at Dolittle's; and gear up for island adventures at SeaCoast Sports and Outfitters.
Start the morning with coffee and a breakfast sandwich from Java Java; settle in for grilled cheese and a milkshake at retro Vincent's Drug Store & Soda Fountain; or cap off the day with a glass of wine at FortyEight - Wine Bar & Kitchen. Check their calendar for seasonal events, like summertime's "Music on the Green" concert series and farmer's market.
; 165 Village Green Lane, Kiawah Island, SC 29455
Make the short drive to neighboring Seabrook Island for a taste of the area's salty maritime culture. Snag an umbrella-shaded table on the upper deck at Salty Dog Café for fresh catch, a cold beer, and riverfront views of the boats coming and going from the marina.
; 1882 Andell Bluff Blvd, Johns Island, SC 29455; 843-952-7335
If the Palmetto State had to choose a favorite meal, it'd undoubtedly be oysters and barbecue. Experience the time-honored tradition of a proper oyster roast and pig pickin' at Kiawah Island Golf Resort's Mingo Point Oyster Roast and BBQ.
The family-friendly event is held on major holidays and on Monday nights throughout the summer. Chow down on fresh oysters roasted over an open fire, a classic Lowcountry boil, and barbecue meats ranging from smoked chicken to ribs.
Parking is available at Mingo Point, but spaces are limited, particularly during peak summer events. Resort guests are encouraged to use the property's complimentary on-island transportation, which offers door-to-door service to any resort-owned venue.
; 1 Sanctuary Beach Drive, Kiawah Island, SC 29455; 800-654-2924
On the west end of the island, you'll find Beachwalker Park, Kiawah's only public access beach. It feels like a hidden gem thanks to its wide, unspoiled expanses of sand. The park offers the best of both worlds, because in addition to the ocean frontage, you can also score views of the Kiawah River here.
One of the best ways to explore the island is to leave the car in park and take a beach cruiser for a spin. You can reserve them through the resort or bring your own. Between 30 miles of paved trails and 10 miles of hard-packed beach, there's no shortage of routes to explore.
Ask for directions to the Marsh View Tower, an observation deck primed for birdwatching and soaking in the marsh and river scenery.
Five state-of-the-art golf courses are open to the public. For avid fans of the sport, the Ocean Course alone makes Kiawah worth the trip. Host to multiple PGA Championships, the 18-hole course is not for the faint of heart.
Raised above the dunes to capitalize on the expansive shore views, golfers on the Ocean Course are also subjected to ocean breezes (which don't make for an easy or predictable trip around the green). Try Cougar Point for marsh views and a slightly less technical experience.
The naturalists here will school you in many of the species that call the island home, from bobcats and white-tailed deer to loggerhead sea turtles and American alligators. Sign up for a guided tour, like "Back Island Birding," "Alligator Adventure," or "Ocean Seining," or ask for their recommendations for the best nature-spotting places in the area.
; 4000 Sea Forest Drive, Kiawah Island, SC 29455; 843-768-6001
Visit the Roy Barth Tennis Center at the Kiawah Island Golf Resort for a game of tennis or pickleball. The resort offers 22 tennis courts (including 10 clay courts), as well as lessons for all ages, from tots to adults. The clubhouse features a modern pro shop as well as the Courtside Café.
kiawahresort.com/tennis; 1 Sanctuary Beach Drive, Kiawah Island, SC 29455; 800-654-2924
For families who want a little room to spread out (or a kitchen), villa and home rentals are a smart choice. You can reserve through the resort directly or book through a site like VRBO or Airbnb.
For access to all of Kiawah's amenities, from bike rentals to pools, you'll have to stay on the island. For an experience that's luxurious but unpretentious, book a room at The Sanctuary, an oceanfront hotel known for its five-star service and elevated onsite dining.
; 1 Sanctuary Beach Drive, Kiawah Island, SC 29455; 800-654-2924
There are plenty of good reasons to make the trip to Charleston, South Carolina: Historic homes make for colorful photo ops, the restaurant scene is fresh and inventive, and locally owned stores and boutiques make for unparalleled shopping. Some of the Holy City's greatest assets, though, aren't actually within the city limits.Pack the sunscreen and load the car because the scenic beaches near Charleston are a gem. You won't find ultra-crowded beaches, just a quiet spot to relax and soak up the sunshine. The smooth sand, cool water, a...
There are plenty of good reasons to make the trip to Charleston, South Carolina: Historic homes make for colorful photo ops, the restaurant scene is fresh and inventive, and locally owned stores and boutiques make for unparalleled shopping. Some of the Holy City's greatest assets, though, aren't actually within the city limits.
Pack the sunscreen and load the car because the scenic beaches near Charleston are a gem. You won't find ultra-crowded beaches, just a quiet spot to relax and soak up the sunshine. The smooth sand, cool water, and near-perfect weather will make you think you've found pure bliss. Here, find our guide to the sun-drenched beaches that are just a quick drive from the Charleston Peninsula. They're worth the detour.
While the 23-mile drive from the peninsula out to Kiawah Island takes about 40 minutes on a good day, the pristine stretch of sand at Kiawah's public Beachwalker Park is well worth it. It's quiet, especially for a public park, fronts the ocean, and also offers views of the Kiawah River. Beach chair and umbrella rentals are available seasonally, and dogs are welcome, as long as they're on a leash. Explore Kiawah Island's private beaches by renting a house or villa on the island or booking a stay at the Sanctuary, the island's luxurious oceanfront hotel.
Just 12 miles from downtown, the "Edge of America" is the grooviest of Charleston's nearby beaches. It's a popular hangout for surfers, who frequent "The Washout," a stretch of coast known for having the area's best waves. Center Street, the bohemian beach town's colorful main thoroughfare, is lined with surf and souvenir shops and good eats, like Taco Boy and Rita's Seaside Grille, and is just steps away from Folly's 1,045-foot fishing pier.
The oceanfront county park on this barrier island has picnic tables, a sand volleyball court, and a playground for the littlest beach bums, making it a great place to take the whole family. Venture a little farther down the beach, beyond the park, to discover a number of fun beachfront bars and eateries, like family-friendly Coconut Joe's Beach Grill and The Windjammer, a classic dive bar and music venue that's as salty as they come. Paddle the intercoastal waterway from Isle of Palms where you may encounter dolphins and get up close to coves and marshes.
Though the island's nearly 4 miles of unspoiled beaches are private to residents and rental guests only (book your stay here), Seabrook is still worth a stop if you're already making the trip out to Kiawah's Beachwalker Park, which is just a few miles away. An Audubon International Cooperative Sanctuary, Seabrook is home to a variety of wildlife, including foxes, bobcats, deer, sea turtles, and bottlenose dolphins. Head to Bohicket Marina for a sunset stroll by the river, then plop down at an outdoor table at the Salty Dog Cafe for water views, East Coast peel-and-eat shrimp, and a cold beer or two.
When it comes to old-school cottages, small town charm, and a spotless beach to boot, you won't find a dreamier destination than Sullivan's Island. While neighboring Isle of Palms has a lively resort feel, 3.3-square-mile Sullivan's tends to fly under the radar–and the locals like it that way. Be sure to stop by Poe's Tavern on Middle Street for a burger before you head back toward town. Flip-flops and salty hair are always welcome on the front porch.
Accessible only by ferry, this barrier island is 45 minutes away from downtown Charleston and feels far away from the comforts of civilization. A good way to see the birds of this untouched island, and perhaps a playful dolphin if you're lucky, is on a guided paddling tour. Comb the beach for shells, walk Boneyard Beach where a forest is being recalled by the sea, or track foxes, bobcat, and deer.
About 60 miles from Charleston, Edisto Beach's unspoiled coastline makes it worth the drive. Stay beachside for a dreamy vacation, or take a day trip from Charleston. One of four oceanfront state parks in South Carolina, palmetto-lined Edisto Beach State Park provides the picture-perfect backdrop for swimming, hunting for shells and sharks' teeth, fishing, or strolling. After a day on the island's trails, savor some seafood at the Waterfront Restaurant or the tacos at McConkey's Jungle Shack.
Hunt for shells and fossils near the candy cane–striped lighthouse on this uninhabited island just minutes from Charleston. Accessible only by boat, visitors can opt for several tour options, including riding out on a 55-foot power catamaran that's for the more adventurous traveler. For photography buffs, view the lighthouse from the shores of Folly Beach.
It takes a bit longer to reach from Charleston than some of the other beaches, but the slower pace on Pawleys Island is instantly soothing. This barrier island packs a lot into its four-mile stretch. Set off in a canoe or kayak to explore the salt marsh that separates this island from the mainland, or settle in for a day at the beach. There's shelling, fishing, and crabbing to be done. Sign up for surfing lessons—some of the best waves are near Pawleys Island Pier.
Similar to Bulls Island, Capers Island has its own forest of forgotten sea-bleached trees covering the shoreline. At low tide, you may see feeding dolphins and water birds like egrets and herons searching for a meal. Discover tide pools as you walk the beach, hike the island to see gators and deer in their natural habitat, or paddle along the shores and see jellyfish and crabs. Reach this undeveloped island by chartered boat, or take a kayak tour to learn about the area's ecosystem.