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 Port Royal, 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 Port Royal, 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 Port Royal, 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 Port Royal, 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.
The popular Lowcountry Food Truck Festival is coming back to Port Royal again next month. And, you’re going to love it.The big day-long fundraising event, now in it’s 8th year, has quickly become a local favorite. It’s part festival-part carnival…with an extra large dash of kids’ fun.Coming on April 4th, the annual Lowcountry Food Truck Festival offers 20+ different food trucks of all varieties from all over the area, including from Savannah and Charleston, selling their best fare...
The popular Lowcountry Food Truck Festival is coming back to Port Royal again next month. And, you’re going to love it.
The big day-long fundraising event, now in it’s 8th year, has quickly become a local favorite. It’s part festival-part carnival…with an extra large dash of kids’ fun.
Coming on April 4th, the annual Lowcountry Food Truck Festival offers 20+ different food trucks of all varieties from all over the area, including from Savannah and Charleston, selling their best fare, along with live music, arts & crafts vendors, and a kid’s zone.
Enjoy lots of different food varieties including southern style comfort food, wings, seafood, Asian cuisine, Latin food, BBQ, Jamacian, Filipino food, and lots more.
Here’s the list of participating food trucks…so you’ll definitely see that there’ something to please everybody’s palates:
Golden Sun Filipino Cuisine The Sno Bar Food Savvy Sweet Spice Mother Smokin’ Good BBQ Kona Ice of Hilton Head Daskin Wagon The Rusty Bucket Royal Tasty Avenue All About That Bean & Boba Grillin Like a Villin Will Yum’s Tacos El Padrino Keller Wood Fired Pizza Bennett’s BBQ The Big Cheese Papa’s Kitchen Golden’s Bar B Que Chazito’s Latin Cuisine Philly Boyz Cheesesteaks
Paris Avenue in Port Royal will host the event all day long on Saturday, April 4th from 11am to 7pm.
Bring the kids….and your appetite. We’ll see you there!
Visit the Lowcountry Food Truck Festival Facebook page to see all of the different food trucks that will be there and to start mapping our your day full of fun.
Paris Avenue will once again come alive with lively music and the aroma of smoky barbecue as the 15th annual Bands, Brews & BBQ festival returns on Friday and Saturday, Feb. 13–14.The festival hub can be found at 1404 Paris Avenue and the two-day event promises a weekend packed with endless barbecue, live entertainment, cold beverages and family-friendly fun — all for a good cause.What to know about the eventThe festival kicks off Friday evening from 6 to 9 p.m. with the popular Wing Throw Down.G...
Paris Avenue will once again come alive with lively music and the aroma of smoky barbecue as the 15th annual Bands, Brews & BBQ festival returns on Friday and Saturday, Feb. 13–14.
The festival hub can be found at 1404 Paris Avenue and the two-day event promises a weekend packed with endless barbecue, live entertainment, cold beverages and family-friendly fun — all for a good cause.
The festival kicks off Friday evening from 6 to 9 p.m. with the popular Wing Throw Down.
Guests can sample various creative and classic wing recipes prepared by participating cook teams while enjoying live performances by the Parris Island Marine Band and Rick Rudd.
On Saturday, the focus shifts to barbecue as tasting runs from 11 a.m. to 4 p.m.
Cook teams from across the Southeast will serve up their award-winning pork butts as part of this official South Carolina Barbecue Association-sanctioned competition.
In addition to the barbecue sampling, attendees can enjoy live music throughout the day and explore food trucks offering a variety of additional fare.
Tasting tickets for both wings on Friday and barbecue on Saturday are available for purchase at $1 each, allowing guests to sample as much as they like.
Beer, wine and soda will also be available for purchase.
The event is held rain or shine.
Luckily, the National Weather Service says that Friday is set to be sunny with a high near 58 degrees. Saturday is also set to be warm and sunny, with a high near 64.
Parking will be available in nearby public spaces, so long as it does not block or harm travelers to and from the event. Some areas may be blocked off.
Beyond the food and festivities, Bands, Brews & BBQ aims to give back to the community.
This year, proceeds from the event benefit the Zonta Club of Beaufort, an organization dedicated to empowering women locally through service, advocacy and education.
For more information about the 2026 Bands, Brews & BBQ festival in Port Royal, click here.
A location has been announced for a new Veteran Affairs clinic slated for Beaufort County that will serve thousands of South Carolina Lowcountry military veterans and their families.On Jan. 30, Congresswoman Nancy Mace (SC-01) announced the Department of Veterans Affairs had officially selected a location for the new Community-Based Outpatient Clinic in Beaufort County.The new facility will be located at 1844 Ribaut Road in the Town of Port Royal, strategically positioned near Parris Island and Marine Corps Air Station Beaufort...
A location has been announced for a new Veteran Affairs clinic slated for Beaufort County that will serve thousands of South Carolina Lowcountry military veterans and their families.
On Jan. 30, Congresswoman Nancy Mace (SC-01) announced the Department of Veterans Affairs had officially selected a location for the new Community-Based Outpatient Clinic in Beaufort County.
The new facility will be located at 1844 Ribaut Road in the Town of Port Royal, strategically positioned near Parris Island and Marine Corps Air Station Beaufort, to serve the 16,881 veterans who call Beaufort County home, stated a release from Rep. Mace's office.
Rep. Mace helped secure authorization for $30,646,000 in funding through the House Committee on Veterans' Affairs, the statement added.
"We worked to authorize over $30 million for this clinic because our Lowcountry veterans deserve world-class care close to home," said Rep. Mace. "Today's announcement means we're one step closer to delivering on this promise. The facility will be located right where our veterans need it, near Parris Island and MCAS Beaufort, ensuring the men and women who served our country can access the care they've earned without unnecessary travel or delays."
"The Beaufort County Community-Based Outpatient Clinic is expected to open in 2028 and represents a significant step forward in expanding VA services, ensuring veterans across South Carolina's 1st District receive the best care possible," stated the release.
Rep. Mace's office first announced that the U.S. House Committee on Veterans’ Affairs had formally authorized $30,464,000 in funding for the construction of the facility on July 29, 2025.
The funding will support the site procurement, design and construction of the new outpatient facility aimed at improving access to medical services, counseling and VA programs for Beaufort County veterans, as well as veterans in surrounding areas who have to travel farther for health care, such as to Charleston, S.C.
“Our veterans answered the call without hesitation. It’s time Washington did the same,” said Rep. Mace. “This funding will deliver real, tangible support to the nearly 17,000 veterans who live in Beaufort County, men and women who served our country and deserve care close to home, without red tape or delays.”
The $30.4 million authorization supports the development of a modern outpatient facility that will dramatically improve local access to primary care, mental health services, and other critical VA programs, stated the release, which added that the clinic will also create new construction and healthcare jobs, bolstering the Lowcountry’s economy.
The Beaufort County CBOC is part of a broader national push to modernize and decentralize VA services, ensuring veterans across the country, not just those near major urban centers, can access the care they've earned through their service, the statement added.
The new clinic is expected to replace or augment the much-smaller VA clinic inside the Beaufort Naval Hospital.
The new facility will be between 48,000 to 70,000 square feet in size, with two to three stories and as many as 500 parking spaces.
Once construction begins, the facility is expected to be complete within two years and bring 100 new jobs to the area.
It’s time for some food, music and fun on Paris Avenue in Port Royal with this weekend’s 2026 Bands Brews and BBQ festival. The event, in its 15th year now, is bringing two days of food, music and fun with wings, barbecue, beers and live music on Friday and Saturday, February 13th & 14th.The official South Carolina Barbecue Association sanctioned event benefits The Zonta Club of Beaufort and is always a fun time for foodies of all ages.Friday night, February 13th is the Wing Throw Down from 6 to 9pm where you ca...
It’s time for some food, music and fun on Paris Avenue in Port Royal with this weekend’s 2026 Bands Brews and BBQ festival. The event, in its 15th year now, is bringing two days of food, music and fun with wings, barbecue, beers and live music on Friday and Saturday, February 13th & 14th.
The official South Carolina Barbecue Association sanctioned event benefits The Zonta Club of Beaufort and is always a fun time for foodies of all ages.
Friday night, February 13th is the Wing Throw Down from 6 to 9pm where you can sample wing recipes from participating cookers while enjoying live music from the Parris Island Marine Band, and Rick Rudd.
Saturday is all about the BBQ as BBQ tasting day runs from 11am to 4pm with cook teams from across the Southeast serving their award-winning butts. Flat Silly and another local band will be providing the entertainment for the day and there will also be food trucks on site serving up other fare.
The sampling of wings Friday night and BBQ Saturday will be available by purchasing tickets for $1. Beer, soda and wine will also be available for purchase and the event always takes place rain or shine.
There’s also over $5000 in cash prizes on the table for the cooking teams.
One of the highlights of the cooking event is the Hometown Heroes Award, which recognizes local cooking teams. These teams compete for a $500 prize and local bragging rights.
Cash prizes for the BBQ and Wing Competitions will be awarded on Saturday at 330pm, and they include $1500 for 1st place BBQ butts, and $500 for 1st place wings.
For more information about Bands Brews & BBQ in Port Royal, and its many volunteer opportunities, go to ZontaClubofBeaufort.org.
There’s plenty of parking and the weather will be perfect. Make sure you come hungry, because there is a lot of eating going on at this amazing festival of food!
Find more local Beaufort, SC events