Discover Reliable, Effective Legal Help for Real Estate Closings in South Carolina

Real Estate Law in Union, SC

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 Union, 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.

Real Estate Closing Union, SC

Your Guide to Residential Real Estate Law in Union, SC.

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:

  • Real Estate Contracts and Transactions in South Carolina
  • South Carolina Foreclosures
  • Property Rights and Eminent Domain Issues in South Carolina
  • Relationships Between Landlords and Tenants in South Carolina
  • Land Use and Zoning Laws in South Carolina
Real Estate Attorney Union, SC

Real Estate Contracts and Transactions in South Carolina

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 Union, SC., or pursuing lawsuits for damages.

South Carolina Foreclosures

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.

Property Rights and Eminent Domain Issues in South Carolina

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.

Relationships Between Landlords and Tenants

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:

  • Notice Requirements: Tenants have to give notice before they vacate a property. Landlords have to give notice before they enter a unit they're renting, except in emergency situations.
  • Security Deposits: Landlords have to return any security deposit within 30 days of when the tenant's lease ends, minus charges for unpaid rent or damages to the property.
  • Habitability and Repairs: Landlords have to keep rental properties habitable and safe. When a landlord fails to meet this mandate, tenants may be able to take legal action.

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.

Land Use and Zoning Laws in South Carolina

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.

The Importance of Hiring an Attorney for Real Estate Closings in Union, SC.

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.

Property Title Search Union, SC

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:

  • Address any title issues (liens, judgments, unpaid taxes, mortgage debts).
  • Outline easements and rights-of-way for access to the property.
  • Complete and sign necessary documents as mandated by state law.
  • Submit these documents to the relevant government agency
  • Make payments according to the terms of the purchase agreement.

This is not an easy procedure. Fortunately, working with a knowledgeable real estate attorney in Union, SC. from Cobb Hammett LLC helps ensure that every step is executed correctly - safeguarding your financial and legal interests.

Commercial Real Estate Closing Union, SC

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.

Home Purchase Legal Review Union, SC

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.

Refinancing Mortgage Attorney Union, SC

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.

Zoning Land Use Attorney Union, SC

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.

Real Estate Closing Union, SC

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.

Residential Property Lawyer Union, SC

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.

Real Estate Attorney Union, SC

Understanding the Process of Real Estate Closings in South Carolina

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:

  • Address any title issues (liens, judgments, unpaid taxes, mortgage debts).
  • Outline easements and rights-of-way for access to the property.
  • Complete and sign necessary documents as mandated by state law.
  • Submit these documents to the relevant government agency
  • Make payments according to the terms of the purchase agreement.

This is not an easy procedure. Fortunately, working with a knowledgeable real estate attorney in Union, SC. from Cobb Hammett LLC helps ensure that every step is executed correctly - safeguarding your financial and legal interests.

Property Title Search Union, SC

Do You Need a Real Estate Attorney for Refinances in South Carolina?

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.

Commercial Real Estate Closing Union, SC

Who Picks the Lawyer for Real Estate Closings in Union, SC.?

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.

Home Purchase Legal Review Union, SC

Which Parties Need to Attend Home Closings in South Carolina?

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.

Refinancing Mortgage Attorney Union, SC

What Should Home Buyers and Sellers Bring to South Carolina Real Estate Closings?

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.

Zoning Land Use Attorney Union, SC

Fees Associated with Home Closings in City, State

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.

Real Estate Closing Union, SC

What Does a Lawyer Do After a Real Estate Closing in South Carolina?

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 Services at Cobb Hammett, LLC

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.

Residential Property Lawyer Union, SC

Our team of seasoned real estate attorneys has experience supporting clients in a wide array of commercial closing issues, including:

  • Escrow
  • Creating Legal Entities
  • Assisting During Due Diligence
  • Title and Closing Paperwork
  • Purchase and Sale Contract Drafting and Execution

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.

The Trusted Choice for Real Estate Law in Union, SC.

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:

  • Preparing Loan Documents
  • Reviewing Sale Contracts
  • Completing Title Searches
  • Supervising Closing Document Execution
  • Verify That All Applicable Documents are Recorded and Indexed Correctly

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.

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Cabinet Minister Dr. Baljit Kaur Holds Meeting with SC/BC Union; Assures Resolution of All Genuine Demands

Chandigarh, February 9:Under the leadership of Chief Minister S. Bhagwant Singh Mann, the Punjab Government is working tirelessly for the welfare of all sections of society. Along with this, special efforts are being made to safeguard the rights of the Scheduled Caste (SC) and Backward Class (BC) communities and to ensure their social and economic upliftment. This was stated by Cabinet Minister for Social Justice, Empowerment and Minorities, Dr. Baljit Kaur.A meeting was held at Punjab Bhawan between Cabinet Mi...

Chandigarh, February 9:

Under the leadership of Chief Minister S. Bhagwant Singh Mann, the Punjab Government is working tirelessly for the welfare of all sections of society. Along with this, special efforts are being made to safeguard the rights of the Scheduled Caste (SC) and Backward Class (BC) communities and to ensure their social and economic upliftment. This was stated by Cabinet Minister for Social Justice, Empowerment and Minorities, Dr. Baljit Kaur.

A meeting was held at Punjab Bhawan between Cabinet Minister Dr. Baljit Kaur and representatives of the SC/BC Union.

During the meeting, the Minister listened carefully to the demands raised by the Union representatives and assured them that all genuine demands would be addressed on priority.

The Minister clarified that issues which can be resolved at the departmental level will be addressed promptly in a time-bound manner. She further stated that matters requiring decisions at the government level will be taken up with the government at the earliest to ensure appropriate resolution.

Dr. Baljit Kaur said that to realise Chief Minister Bhagwant Singh Mann’s vision of a “Rangla Punjab,” it is essential that every section of society becomes an integral part of the development process. She emphasised that the dream of a vibrant Punjab cannot be fulfilled without ensuring dignity,

equal opportunities and justice for the SC and BC communities. “A truly Rangla Punjab will emerge only when there is prosperity in every household, confidence in every mind and equal opportunities for every section of society,” she said.

She reiterated that the Punjab Government is fully committed to the welfare of marginalised and backward sections and is continuously taking concrete and effective steps in this direction. The meeting concluded in a well-organised and positive atmospher.

On the occasion, the meeting was attended by the Principal Secretary, Department of Social Justice, Empowerment and Minorities, Mr. V.K. Meena IAS, the Director of the Department, Mrs. Vimmi Bhullar, IAS and other senior officers of the department.

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Punjab Cabinet Minister Dr. Baljit Kaur Meets SC/BC Union, Assures Swift Resolution of Genuine Demands

Chandigarh: Reaffirming the Punjab Government’s commitment to the welfare of marginalized communities, Cabinet Minister for Social Justice, Empowerment and Minorities Dr. Baljit Kaur held a meeting with representatives of the SC/BC Union at Punjab Bhawan. The meeting focused on addressing issues related to the social and economic upliftment of Scheduled Caste (SC) and Backward Class (BC) communities.Government Committed to SC and BC WelfareSpeaking during the meeting, Dr. Baljit Kaur said the Punjab Gov...

Chandigarh: Reaffirming the Punjab Government’s commitment to the welfare of marginalized communities, Cabinet Minister for Social Justice, Empowerment and Minorities Dr. Baljit Kaur held a meeting with representatives of the SC/BC Union at Punjab Bhawan. The meeting focused on addressing issues related to the social and economic upliftment of Scheduled Caste (SC) and Backward Class (BC) communities.

Government Committed to SC and BC Welfare

Speaking during the meeting, Dr. Baljit Kaur said the Punjab Government is working tirelessly for the welfare of all sections of society, with special emphasis on safeguarding the rights of SC and BC communities. She underlined that inclusive development remains a key priority of the Bhagwant Mann-led government.

Read also: Punjab to Open ‘Blue Cross’ Veterinary Medicine Stores Offering Up to 30% Discount for Livestock Farmers

Union Demands Heard and Assurances Given

The Cabinet Minister patiently listened to the demands raised by SC/BC Union representatives and assured them that all genuine demands would be addressed on priority.

She clarified that:

Vision of ‘Rangla Punjab’ Through Inclusive Growth

Dr. Baljit Kaur emphasized that achieving Chief Minister Bhagwant Singh Mann’s vision of a “Rangla Punjab” is only possible when every section of society is actively included in the development process.

“A truly Rangla Punjab will emerge only when there is prosperity in every household, confidence in every mind, and equal opportunities for every section of society,” she said.

She added that the dignity, justice, and equal opportunities of SC and BC communities are essential pillars of the state’s development journey.

Concrete Steps for Marginalised Sections

Reiterating the government’s resolve, Dr. Baljit Kaur said the Punjab Government is continuously taking concrete and effective steps to ensure the welfare, empowerment, and upliftment of marginalized and backward sections of society.

The meeting concluded in a positive and constructive atmosphere, reflecting mutual cooperation and shared commitment toward inclusive development in Punjab.

Read also: Punjab Strengthens Investment Ties in Mumbai Roadshow, Focuses on Job Creation and MSME Growth

“I thank court for decision”: Union Minister Giriraj Singh on SC’s stay on new UGC regulations

Union Minister Giriraj Singh on Thursday thanked the Supreme Court for putting a stay on the new UGC regulations and said that Prime Minister Narendra Modi has never discriminated against anyone. Speaking with ANI, Giriraj Singh said, “I thank everyone, including the country’s Prime Minister Modi and Home Minister Amit Shah. I thank the court for the decision it has passed. Prime Minister Modi has never discriminated against anyone in the country. It was Prime Minister Modi who gave reservations to EWS. People like us live only f...

Union Minister Giriraj Singh on Thursday thanked the Supreme Court for putting a stay on the new UGC regulations and said that Prime Minister Narendra Modi has never discriminated against anyone. Speaking with ANI, Giriraj Singh said, “I thank everyone, including the country’s Prime Minister Modi and Home Minister Amit Shah. I thank the court for the decision it has passed. Prime Minister Modi has never discriminated against anyone in the country. It was Prime Minister Modi who gave reservations to EWS. People like us live only for the people of our country.”BJP RS MP Manan Kumar Mishra also welcomed SC’s decision and assured that the government would resolve the “lacks” in the resolution. “The court’s interference seemed valid with some of the lacks in the Bill. Now the government and the UGC will get a chance. Our Education Minister had already said that there will be no discrimination against anyone… The government will now resolve the lacks,” he said. Sunil Dahiya, president of Vipra Foundation, said, “We respect the Supreme Court’s decision, and the Supreme Court always protects the Constitution. Our opposition is to government policies, including the government’s discriminatory and anti-caste policies. This has been going on for 80 years, against our children. For 80 years, the government has discriminated against us. They have made us criminals. We are not going to stop. We have understood that this country is being destroyed on the basis of caste. We will not let that happen.”Amid an uproar around the country over the alleged “discrimination” against the General Category in the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, the SC on Thursday stayed the regulations.The Top Court said that, for now, the 2012 UGC regulations will continue to apply. The Court opined that there is complete vagueness in Regulation 3 (C) (which defines caste-based discrimination), and it can be misused. “The language needs to be re-modified,” the Court said.The Court noted that this raises an unexamined concern: if a Group A Scheduled Caste individual makes discriminatory or derogatory remarks against a Group B Scheduled Caste individual, has this aspect been adequately addressed under the 2026 framework?After 75 years of trying to make a caste-less society, whether the direction of policy-making is progressive or tending towards a regressive approach, it asked.The new regulations, introduced to curb caste-based discrimination in colleges and universities, require institutions to establish special committees and helplines to address complaints from students in the Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backwards Classes (OBC) categories.Students, mostly from the general category, protested against regulations that promote discrimination on campuses rather than equality. The students noted that the regulation has no provision to address fraudulent complaints filed against General Category students

CJI Surya Kant remarked that trade unionism was largely responsible for stopping the industrial growth in the country.

New Delhi: The Supreme Court on Thursday orally observed that trade union leaders are largely responsible for stopping industrial growth in the country, and all traditional industries in the country, all because these 'jhanda' unions have been closed.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya said it cannot issue a writ asking the Centre and states to consider amending existing laws.Senior advocate Raju Ramachandran appeared for the petitioner organisation. Raju also relied on a S...

New Delhi: The Supreme Court on Thursday orally observed that trade union leaders are largely responsible for stopping industrial growth in the country, and all traditional industries in the country, all because these 'jhanda' unions have been closed.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya said it cannot issue a writ asking the Centre and states to consider amending existing laws.

Senior advocate Raju Ramachandran appeared for the petitioner organisation. Raju also relied on a Supreme Court judgment dated January 29, 2025, where the court had highlighted the plight of domestic workers and noted repeated but unsuccessful legislative attempts to enact a comprehensive law.

Raju said that while some states have notified minimum wages for domestic workers, others have failed to do so, despite the nature of domestic employment remaining uniform across the country

During the hearing, the bench observed that when a minimum wage is enforced, these unions will ensure that every household is dragged into litigation. Raju said in Singapore, you cannot hire a domestic maid unless you register that person and provide weekly offs, wages, etc.

“Sometimes in our anxiety about reforms. In our anxiety to bring a non-discriminatory perspective through legislative means, it leads unwittingly to further exploitation. You fix a minimum wage. Look at the need for employment in this country….demand is far less as compared to the supply….you fix minimum wages, people will refuse to hire and this will further generate hardship”, observed the CJI.

Raju said these are workers’ unions, these are domestic workers’ unions registered under the Trade Union Act.

The CJI said, “How many industries in this country have been closed, thanks to these trade unions? Let us know the reality also”. He added that all traditional industries in this country have been closed because of these jhanda unions, and “they do not want to work, these are all trade union leaders. They are largely responsible for stopping the industrialization growth in this country”.

The CJI said, of course, the exploitation is there undoubtedly, but the means should have been different to stop that exploitation. “People should have been made aware of their individual rights. People should have been made skilled instead of using them as manual labour…”, observed the CJI.

Raju said let us not generalize and talk of larger issues, because collective bargaining is a valuable right.

Responding to the submission regarding collective bargaining, which the petitioners contended could address these concerns, Justice Bagchi noted that domestic workers are already covered under existing welfare frameworks.

“It is not as if there is no safety net. The Unorganised Workers’ Social Security Act does take care of several aspects,” he said, while acknowledging that the petitioner’s concerns were “well taken.”

The bench, while acknowledging the “plight” of millions of domestic help across the country, maintained that the judiciary cannot encroach upon the legislative domain to mandate the enactment of laws. The bench also red-flagged the role of employment agencies in the exploitation of workers.

After hearing detailed submissions, the bench refused to entertain a PIL seeking a comprehensive legal framework and enforcement of minimum wages for domestic workers.

The bench, in its order, said, “No enforceable decree or order can be passed unless the legislature is asked to enact a suitable law. Such a direction we are afraid ought not to be issued by this court.”

The bench asked petitioners, including Penn Thozhilalargal Sangam, a domestic workers’ union, to highlight the plight of domestic help to states and the Union to take a suitable decision in the matter.

“We observe that petitioners may continue to highlight the plight of domestic helps and impress upon the stakeholders to take a final call in relation thereto.. and the correspondence shows it is under active consideration by states and we are hopeful that a suitable mechanism shall be deployed for their help and to prevent exploitation,” the bench said while disposing of the PIL.

The petition sought, among other reliefs, recognition of non-payment of minimum wages to domestic workers as a violation of fundamental rights and enforcement of minimum wage regimes across States.

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