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 West Ashley, 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 West Ashley, 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 West Ashley, 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 West Ashley, 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.
CHARLESTON, S.C. (WCIV) — It may look like a simple wooden box, but for many West Ashley families, it means everything. Blessing Boxes are small, community-run pantries where neighbors can “take what they need and leave what they can.”With the recent government shutdown delaying SNAP benefits, many Lowcountry families are struggling to put food on the table.The motivation is that there are people in our community who rely on SNAP benefits, and because of the government shutdown, those benefits were de...
CHARLESTON, S.C. (WCIV) — It may look like a simple wooden box, but for many West Ashley families, it means everything. Blessing Boxes are small, community-run pantries where neighbors can “take what they need and leave what they can.”
With the recent government shutdown delaying SNAP benefits, many Lowcountry families are struggling to put food on the table.
The motivation is that there are people in our community who rely on SNAP benefits, and because of the government shutdown, those benefits were delayed,” Kenneth Marolda, Co-Founder of West Ashley Connects explained.
Although benefits are set to be partially funded again, local leaders say the help may not go far enough.
“As we head into the holiday season, the partial funding may not be sufficient even to meet their daily needs, let alone holiday celebrations,” Marolda added. “And this is a way that we can help provide relief.”
The West Ashley Connects neighborhood group manages several of these Blessing Boxes across the area, filling them with canned goods, baby formula, hygiene products, and snacks. Volunteers say it’s their way of helping when larger systems fall short.
“I can’t provide official aid in any other way,” Marolda said. “But we can do what we can here to help make sure that people are fed.”
There are two main ways to get involved. You can drop off nonperishable food or hygiene items at four local partner businesses: Highfalutin Coffee Roasters, Café Rocha, Frothy Beard Brewing Company, and Shift Pilates Studio. Volunteers collect these donations regularly to restock the boxes.
You can also contribute financially to West Ashley Connects through PayPal or Venmo. Every dollar goes directly toward purchasing nonperishable items for the boxes.
We’re going to do it as long as we can,” Marolda said. “As long as people will donate and as long as there’s need. So either when the need is gone or when the funds dry up.”
Blessing Box locations and donation sites are:
CHARLESTON, S.C. (WCSC) - Just a week after his wife, a man pleaded guilty to charges relating to squatting in a West Ashley home.Christopher “Nate” Marcum, along with his wife, Evelyn Pollard, and Daniel Byrd, on Dogwood Road, along with destroying the personal property of the family who lived there.Affidavits stated that the trio removed the homeowner’s belongings and incinerated them in the backyard, attempting to conceal evidence that the owner still lived there. That personal property included couches, b...
CHARLESTON, S.C. (WCSC) - Just a week after his wife, a man pleaded guilty to charges relating to squatting in a West Ashley home.
Christopher “Nate” Marcum, along with his wife, Evelyn Pollard, and Daniel Byrd, on Dogwood Road, along with destroying the personal property of the family who lived there.
Affidavits stated that the trio removed the homeowner’s belongings and incinerated them in the backyard, attempting to conceal evidence that the owner still lived there. That personal property included couches, bedroom furniture, and living room furniture.
A day after their arrest, charred remains could be seen in the backyard surrounded by what appeared to be tiki torches.
Before the January charges, Marcum and Pollard were the subject of months of in which multiple West Ashley homeowners alleged that they had been squatting in their homes.
Marcum’s plea hearing took place on Wednesday in front of Judge R. Kirk Griffin. Marcum’s sentencing terms are similar to his .
The terms of Marcum’s deal are as follows:
Pollard’s plea deal suspended five years of prison time to 27 months of probation, the first nine of which are being spent in a residential treatment facility. She was also referred to substance abuse counseling.
Beyond the squatting-related charges, today’s plea deal resolved Marcum’s 2023 methamphetamine charge.
Marcum’s public defender, Martha Runey, said that he has a West Ashley trailer that he plans to live in after release.
The last defendant in the case, Byrd, is set to plead on Oct. 31. Assistant Solicitor Jewell Gearding, who prosecuted Pollard, indicated during her hearing that Byrd is expected to receive probation.
CHARLESTON, S.C. – Novant Health announced the opening of West Ashley Internal Medicine, a new primary care clinic designed to expand access to high-quality, patient-centered care in the Charleston area. The clinic is located at 10-B Farmfield Avenue, Charleston, SC 29407.The new practice will open with Sarah Minter, DO, an experienced primary care physician dedicated to building long-term relationships with patients and helping them manage their health at every stage of life.“Expanding access to primary care is one...
CHARLESTON, S.C. – Novant Health announced the opening of West Ashley Internal Medicine, a new primary care clinic designed to expand access to high-quality, patient-centered care in the Charleston area. The clinic is located at 10-B Farmfield Avenue, Charleston, SC 29407.
The new practice will open with Sarah Minter, DO, an experienced primary care physician dedicated to building long-term relationships with patients and helping them manage their health at every stage of life.
“Expanding access to primary care is one of the most important ways we can meet the growing health needs of families in the Charleston area,” said Kirsten Royster, president of Novant Health’s Charleston area. “With the opening of West Ashley Internal Medicine, we’re ensuring that more patients have convenient access to trusted providers close to where they live and work.”
Primary care plays a vital role in preventive health and in the early detection and management of chronic conditions. Novant Health is planning to open additional primary care clinics throughout the Tri-County.
Novant Health has also hired a dedicated primary care patient navigator who can help patients explore which provider is right for them – and set them up with same-day and next-day appointments - by calling 843-471-1239.
“My goal as a primary care physician is to get to know my patients, understand their health history and partner with them to make decisions that improve their long-term well-being,” Minter said. “I’m excited to be part of Novant Health’s commitment to bring more options for high-quality care to West Ashley and the greater community.”
In addition to the new West Ashley location, Novant Health also recently welcomed Stewart Trimble, MD, at Novant Health Sewee Family Medicine at 570 Long Point Road in Mount Pleasant. Together, these expansions reflect Novant Health’s ongoing commitment to meet the growing demand for primary care across the Charleston area, along with advanced services at Novant Health East Cooper Medical Center.
Appointments at West Ashley Internal Medicine are now available online or by calling the primary care new patient navigator at 843-471-1239.
About Novant Health
Novant Health is an integrated network of more than 900 locations, including 19 hospitals, more than 750 physician clinics and urgent care centers, outpatient facilities, and imaging and pharmacy services. This network supports a seamless and personalized healthcare experience for communities in North Carolina and South Carolina. Novant Health is nationally recognized for our unwavering commitment to safety and the highest quality care, and we serve as a catalyst for healthcare transformation through clinical trials, leading-edge research, innovative care delivery models and robust virtual care networks. The expertise and empathy of our more than 40,000 team members along with more than 8,500 independent and employed clinicians are at the heart of Our Cause as industry leaders caring for communities across the Carolinas. In 2023, Novant Health provided more than $1.6 billion in , including financial assistance and services.
For more information, visit . Follow Novant Health on , , and .
CHARLESTON, S.C. (WCSC) - A woman charged with breaking into a West Ashley home and burning the owner’s belongings pleaded guilty Wednesday but walked out of the courtroom remaining a free woman.Charleston Judge Debra McCaslin accepted a negotiated plea deal that gave Evelyn Pollard a five-year sentence, suspended to 27 months of probation. McCaslin stated she could not intervene with the assistant solicitor and public defenders’ decision, as it was part of a negotiated plea deal for probation.On Jan. 7, 2025, Polla...
CHARLESTON, S.C. (WCSC) - A woman charged with breaking into a West Ashley home and burning the owner’s belongings pleaded guilty Wednesday but walked out of the courtroom remaining a free woman.
Charleston Judge Debra McCaslin accepted a negotiated plea deal that gave Evelyn Pollard a five-year sentence, suspended to 27 months of probation. McCaslin stated she could not intervene with the assistant solicitor and public defenders’ decision, as it was part of a negotiated plea deal for probation.
On Jan. 7, 2025, Pollard, along with co-defendants Christopher “Nate” Marcum and Daniel Byrd, was , along with destroying the personal property of the people who lived in the home.
Pollard will spend the first nine months in residential treatment at a facility, was ordered to pay almost $3,500 in restitution and undergo substance abuse counseling. The prosecution stated it had lost contact with one of the victims with the charge involving that individual to be dismissed.
Judge McCaslin told Pollard repeatedly that she was first hesitant to even consider the negotiated plea agreement.
“I’m telling you that I usually don’t do this. There will be no tolerance for any violations, period,” McCaslin said. “You go into somebody’s house, squat, tear up their stuff and steal all their belongings; you wouldn’t like it if somebody did it to you.” Pollard replied, “Yes, ma’am.”
Back in June, a judge and forced her to remain in jail despite a high-risk pregnancy. She was later released in July to a treatment facility.
of Pollard and Marcum’s alleged squatting in multiple West Ashley Homes dates back to the beginning of January.
So far, no law has been passed formally criminalizing the act of squatting. Removing a tenant in a private home, even in a case of squatting, still requires months of lengthy eviction court proceedings before an individual can be forcefully removed.
The other two accused squatters, Marcum and Byrd, are both scheduled to enter pleas by the end of the month.