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 Ladson, 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 Ladson, 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 Ladson, 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 Ladson, 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.
LADSON, S.C. (WCSC) - The Coastal Carolina Fair concluded its 68th year Sunday at Ladson Exchange Park, with organizers emphasizing the event’s charitable mission and family fun.The fair featured 65 rides across 180 acres, along with classic games, food vendors and a petting zoo that welcomed a new baby donkey.“Why we have the fair here is to give to charities in the local Tri-County area,” Coastal Carolina Fair President Fred Whittle said.Robert Patterson, owner of Top Shelf Catering and Beverage and S...
LADSON, S.C. (WCSC) - The Coastal Carolina Fair concluded its 68th year Sunday at Ladson Exchange Park, with organizers emphasizing the event’s charitable mission and family fun.
The fair featured 65 rides across 180 acres, along with classic games, food vendors and a petting zoo that welcomed a new baby donkey.
“Why we have the fair here is to give to charities in the local Tri-County area,” Coastal Carolina Fair President Fred Whittle said.
Robert Patterson, owner of Top Shelf Catering and Beverage and Special Ops Events, said sales were up double digits this year.
“Every time we win, the community wins,” Patterson said. “When we’re up in sales, that gives us more proceeds to be able to give to those local charities. So, it has been a huge success.”
But the fair isn’t about profit. The fair runs on volunteers who say they get paid in a different way.
“The joy on the faces of children is the thing that is my pay. And I’m not paid as a volunteer. But that certainly is a rewarding thing for us to see.” Whittle said.
The baby donkey was already out, greeting visitors on the final day.
“I came out and I saw feet. So I knew I had to step in and help her, and it’s a healthy little girl,” Charles Beam, owner of All American Petting Zoo, said.
Local vendors said the fair provides both business opportunities and community connections.
“I make a living, so I keep coming back, plus all the directors here, they’re beautiful people,” John Koutoufaris, owner of John Greek Food Concessions, said.
While today was the final day of the fair, several people said this is proof that when a community comes together for fun, everyone wins, especially the local charities helping those in need with the donations.
LADSON — The Coastal Carolina Fair is back through Nov. 9 with rip-roaring rides, snazzy sideshows and tantalizing treats.We traveled to the Exchange Park Fairgrounds in Ladson to try some of this year's new and classic offerings. Here are eight foods you should be taste-testing this year.Campfire BurgerDeAnna's Diner, $17Always stuck choosing between a hot dog or a hamburger? At the fair you can have both in one bite, as well as some baked beans, when you order the new Campfire Burger from DeAnna...
LADSON — The Coastal Carolina Fair is back through Nov. 9 with rip-roaring rides, snazzy sideshows and tantalizing treats.
We traveled to the Exchange Park Fairgrounds in Ladson to try some of this year's new and classic offerings. Here are eight foods you should be taste-testing this year.
DeAnna's Diner, $17
Always stuck choosing between a hot dog or a hamburger? At the fair you can have both in one bite, as well as some baked beans, when you order the new Campfire Burger from DeAnna's Diner.
It's triple the meat flavor, and a favorite so far this year, said Kristin Hagy, who's been traveling around with the family business her whole life from fair to fair. Her mom and dad started it all, and the kids now each have their own trailer.
"We're always trying to innovate," said Hagy, citing the also-popular Donut Burger that's a fun mix of savory and sweet. The Mac and Cheese Burger is her personal favorite, with a chili add-on.
Hagy said she's also gotten to enjoy some Lowcountry cuisine while she's been in town so far, including a meat plate at Lewis Barbecue.
Girl'd Cheese, $13
Also new this year is the Girl'd Cheese truck, where you can find a variety of fun and classic grilled cheese options. The most popular item tops the list: the Philly Cheesesteak Grilled Cheese. And it's just that, a perfect cross between the two with thick slices of crispy toast, peppers, onions, cheese and thinly sliced steak.
Cox Barbecue, $21
Though it's on the pricier side, this fair classic is certainly worth it. Smoked for over an hour on the charcoal grill right in front of you, these turkey legs are known for being some of the best at the Coastal Carolina Fair. And there's enough meat on one of them to feed the whole family.
Fluffy's, $10
If you're feeling a bit adventurous, this one's for you. The perfect blend of spicy and sweet, this donut is a crazy but delicious one. It's made with homemade whipped jalapeno cream cheese, crumbled bacon, grilled pickled jalapenos and hot honey drizzled on top. Get a little bit of each in your bite for the perfect balance, with that sweet, fluffy donut underneath.
If you want a sweet option, as well, you can also choose from the Fruity Pebbles, Maple Bacon, and Peanut Butter and Jelly, among plenty of others.
Moose Joose Slush/Slush Works Bar, $16
You can't hit the fair circuit without staying hydrated, and this stand is the way to do it. Mega-slushes await, and the newest one this year is the Cheerwine Dream Float, a cherry-flavored delight topped with whipped cream and a red velvet cake pop.
It was so popular at Columbia's South Carolina State Fair that they brought it down here, according to 24-year-old vendor Gracey Meyster, who's been traveling full-time from fair to fair since 2017. She said she loves it, though this fair is the last stop of her rotation until February; she gets to hibernate through the winter.
Dr. Vegetable, $14
I mean it's Dr. Vegetable, so it must be healthy right? Maybe not, but this stand certainly has some interesting takes on veggie snacks. New this year are the Nashville Hot Fried Pickle spears, served with a side of ranch if you need to cool it down and an extra tub of hot sauce if you need to spice it up.
Though the spice is a slow burn, hitting you later than you expect, it was certainly enough for me. I even opted for a few ranch dips to offset the bright neon orange layer sprinkled atop the fried spears. I would definitely get these again.
Chester's Gators and Taters, $15
Another bite I would order again in a heartbeat is the Loaded Popcorn Chicken Sundae, a cup stacked with creamy mac and cheese, crispy popcorn chicken, with bacon cheddar and ranch. It's like a wild, creamy and dreamy version of nachos. At this stand, you can also try fried gator bites if you're brave enough.
Deep Fried Sweets, $10
The fair is all about fried foods. So you simply must opt for a deep-fried dessert, whether you choose a candy bar like a Snickers or Milky Way or go with the cookie dough or Oreos.
The cookie dough is my favorite, with a crunchy outer shell and gooey middle. You get three bites, all sprinkled with powdered sugar. If you're splitting this one, you'll have to fight over who gets that last one.