Real Estate Blog

Do I Need a Real Estate Attorney? 6 Reasons to Hire One

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So, you are ready to jump into the world of homeownership. You’ve been saving for your down payment. You’re carefully thinking about what’s important to you in the house you choose.

You have a real estate agent who’s been showing houses and you think you’ve found the one. You also have the inspector and the mortgage broker all doing their part in the process to get you into a house.

Now, you’re wondering do I need a real estate attorney, too? What does the real estate attorney do that is different from the other players involved in the process?

And if you’re pinching pennies, you might be wondering do I really need to pay another person to get me into this house?

Read on to learn all about real estate attorneys and the 6 times when it makes lots of sense to hire one.

What Does a Real Estate Attorney Do?

A real estate attorney’s involved in the legal actions connected to real estate. They might get involved as you begin the process of buying a piece of property. The attorney might also become involved if there are disputes connected to the purchase.

There are two types of real estate attorneys.

One type would handle commercial real estate transactions. Often this means they are dealing with construction, development, and zoning related issues.

The other type of real estate attorney will deal with residential real estate. This means they would be involved in the many steps of buying or selling a home.

There is one unique feature of working with a real estate attorney, whether it’s commercial or residential. They do not work for commissions like a real estate agent or mortgage broker might.

Because they don’t have a vested interest in whether a sale goes through or not, they can give sound objective advice to those they represent.

1. When You Must Hire a Real Estate Attorney

You always want to consider hiring a real estate attorney if you’re worried you don’t understand something or you want to make sure the legalities are in place.

There are many states across the US that require a real estate attorney to be present with making a sale of a property. These states include:

  • Alabama
  • Connecticut
  • Delaware
  • District of Columbia
  • Georgia
  • Kansas
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Mississippi
  • New Hampshire
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Vermont
  • Virginia
  • West Virginia

Whether you are buying real estate or selling it, you must have a real estate attorney through the transactions in these states. Of course, it’s a good idea in the states that don’t require it too.

2. Commercial Real Estate Needs for a Real Estate Attorney

Commercial real estate is unique and most people have a pretty limited experience level with it. It can be very costly to buy commercial real estate and it comes with some risk.

For this reason, if you’re involved in buying commercial real estate, it’s a smart idea to get a real estate attorney to guide you through the process.

A lawyer advising you on commercial real estate might help with:

  • Environmental concerns
  • Zoning issues
  • Liens
  • Easements
  • Legal description accuracy
  • Structural conditions
  • Rents derived from the property

If you are purchasing a piece of property that you intend to lease out for long periods of time, you want to make sure you have the right contracts and lease agreement so you are protected.

3.  You’re Represented

This has already been mentioned, but the importance can’t be stated too clearly. Whether you are buying a commercial piece of property or a residential piece of property, the real estate agent is there for you.

Sure, you might really like and trust your real estate agent. But the truth is they don’t make any money if they don’t make a sale.

Your real estate attorney has no vested interest, either way, to make sure the sale goes through. They are just there to make sure the sale is done in a legal manner and that your interests are represented, whether you buy the property or not.

4. Real Estate Contracts and Documents

The real estate attorney’s role is to make sure you are advised and protected and to assure that all documents connected to the sale of the property are done correctly.

They will evaluate the contracts leading up to the sale. Their role will also be to check over the documents that are part of the sale of the property. These documents might include:

  • Property deed
  • Legal descriptions
  • Mortgage loan documents
  • Closing documents
  • Title and the title insurance policy

Any errors in these documents can be costly and can delay the sale of the property.

5. Give Advice on Rights

In a perfect world, you find a great piece of real estate. You make an offer and agree on a price. The paperwork gets done and bam, you are a homeowner.

Of course, buying real estate often comes with more hiccups than that streamlined process.

The property may have issues you need to address. Maybe there is asbestos, lead paint, or even has termites. In some cases, you might decide to walk away and not buy the property.

In other cases, you might change your offer and renegotiate. Your real estate attorney can help with the legalities, especially when there are complications to the sale.

This would also be true if litigation or disputes arise after the sale’s finalized.

6. Financial Documents From the Sale

Finally, the real estate attorney can be responsible for making sure all the financial documents are accurate for the sale. You don’t want to be charged the wrong rate or pay more fees than necessary.

Understanding When Do I Need a Real Estate Attorney

Still, wondering do I need a real estate attorney?

If you are about to buy a piece of real estate it makes sense to have your interests protected by hiring a real estate attorney to guide you and protect your legal interests.

If you are buying real estate and are looking for a real estate attorney, we can help. Contact us today to set up a consultation to go over your needs.

7 Questions to Ask Before Choosing a Real Estate Attorney

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With over 5 million residential real estate transactions per year, people can become overwhelmed with the process of buying and selling. It might be time to get a real estate attorney to assist you.

If you want to ensure you’re legally safe, then you’ll need to vet the attorney properly. Make sure you ask these questions before making the final hiring decision.

1. How Much Experience Do You Have?

The attorney’s experience level is paramount. A longer tenure in the field generally translates to a broader understanding of various real estate scenarios and a greater ability to navigate unforeseen challenges. When an attorney has been practicing for many years, they’ve likely encountered a wide array of cases, from straightforward property transactions to highly contentious disputes. This exposure arms them with practical knowledge that goes beyond what’s written in textbooks.

Consider the nature of your real estate needs. Are you embarking on a relatively simple process, such as buying or selling a standard residential property? Even in these seemingly simple situations, a seasoned real estate lawyer can be invaluable, guiding you through the intricacies of contracts, disclosures, and closing procedures. They can identify potential red flags in agreements, ensuring your interests are protected and preventing future legal headaches. For instance, an experienced attorney can spot ambiguous clauses, hidden liabilities, or unfavorable terms that an untrained eye might miss, ultimately saving you significant time, money, and stress. They can also advise on necessary due diligence, such as title searches and property surveys, to ensure a clean transaction.

However, if your situation is more complex—involving a potential lawsuit, a boundary dispute, or allegations of fraud—the importance of an experienced attorney escalates dramatically. Imagine you’ve purchased a home, only to discover that the home inspector and selling agent knowingly misrepresented the property’s condition, concealing major structural defects or environmental hazards. In such a scenario, you’ll need a highly experienced attorney to effectively litigate on your behalf. They will understand the nuances of real estate fraud, consumer protection laws, and contract breaches, enabling them to build a strong case. Their experience will also inform their strategy, from gathering evidence and negotiating settlements to representing you vigorously in court. They can anticipate the opposing party’s tactics and develop counter-strategies, maximizing your chances of a favorable outcome.

Beyond simply having years under their belt, inquire about the attorney’s specific experience with cases similar to yours. A general real estate attorney might have broad experience, but if your case involves, say, commercial lease disputes, you’d ideally want an attorney with a proven track record in that niche. Their familiarity with similar situations means they can anticipate potential obstacles, offer relevant advice, and streamline the legal process. No matter your current or anticipated real estate situation, thoroughly vetting an attorney’s experience is the first critical step in securing competent and effective legal representation.

2. What Are Your Fees?

Understanding an attorney’s fee structure upfront is crucial for managing your budget and avoiding unpleasant surprises. Real estate transactions often involve significant financial outlays, and legal fees are an additional, but necessary, expense. The cost of legal representation can vary based on several factors, and a clear understanding of these variables will help you make an informed decision.

Some of the most common factors influencing an attorney’s fees include:

  • Type of real estate transaction
  • Size of the deal
  • Lawyer’s current schedule and demand

For straightforward tasks, such as having a lawyer review paperwork to ensure accuracy and avoid future legal issues, you might encounter a flat fee. This fixed charge provides predictability, allowing you to budget precisely for that service. For example, an attorney might charge a flat fee of a few hundred dollars to review a standard residential lease agreement or a basic purchase contract.

Conversely, for larger, more complex deals, such as commercial property acquisitions, intricate development projects, or litigation, attorneys typically charge an hourly rate. These rates can range significantly, often between $100 and $400 per hour, or even higher for highly specialized or senior attorneys in major metropolitan areas. It’s essential to understand what is included in this hourly rate (e.g., phone calls, emails, court appearances) and how time is tracked.

For attorneys who are in high demand and whose expertise is highly valued, you might encounter a monthly retainer or an upfront fee. This payment reserves a portion of their time for your case, ensuring their availability and commitment. A retainer acts as a down payment against future hourly charges, with the attorney drawing from this fund as they work on your case. Once the retainer is depleted, you would typically be billed for additional hours.

In some specific real estate situations, particularly those involving a sale or purchase where the attorney’s involvement is directly tied to the successful completion of the transaction, an attorney might agree to a percentage cut of the sale or purchase price instead of upfront payment or hourly billing. This arrangement aligns the attorney’s financial success with yours, incentivizing them to secure the best possible outcome. However, this is less common for standard transactional work and more often seen in cases where the attorney’s role is contingent on the deal’s completion, or in certain types of litigation where a contingent fee might be negotiated.

Regardless of the fee structure, always obtain a written fee agreement outlining all costs, billing practices, and potential additional expenses (such as filing fees, court costs, or expert witness fees). Having this clarity upfront will prevent misunderstandings and financial disputes down the line, allowing you to focus on the legal aspects of your real estate matter with peace of mind.

3. Can You Give Me a Plan of Action?

When you engage a real estate attorney, it’s often because you’re navigating unfamiliar legal territory. While you may not be an expert in real estate law, you should still expect your attorney to provide a clear and comprehensive plan of action. A competent lawyer will not only tell you what they intend to do but will also explain why each step is necessary and what the potential implications are. This transparency is crucial for building trust and ensuring you remain informed throughout the process.

A well-articulated plan of action should outline the key stages of your case or transaction. For instance, if you’re buying a home, the attorney’s plan might detail the steps from contract review and negotiation, through due diligence (e.g., title searches, inspections), to closing procedures and post-closing follow-ups. For a more complex dispute, the plan might include initial investigation, discovery, negotiation, mediation, and, if necessary, litigation. The attorney should break down these stages into understandable components, avoiding overly technical jargon where possible. They should also discuss potential timelines and what milestones to expect.

Importantly, a robust plan of action should be accompanied by an open line of communication. Real estate matters, like life itself, rarely unfold precisely as planned. Unforeseen issues can arise, market conditions can shift, or opposing parties might introduce new elements. Therefore, it’s imperative that your attorney keeps you updated on any developments, changes, or challenges. Ask the lawyer about their preferred methods of communication (e.g., phone calls, emails, client portals) and their expected response times. You should feel confident that you can reach your attorney or their support staff when needed, and that your inquiries will be addressed promptly. Most reputable law firms understand the urgency often associated with real estate matters and aim to return calls or emails within one business day. For situations requiring immediate attention, many firms provide an emergency contact line or a clear protocol for urgent communications.

Beyond just updates, the attorney should be willing to explain the rationale behind their decisions and any legal advice they provide. You should never feel like you’re simply being told what to do without understanding the reasons why. This collaborative approach empowers you to make informed decisions and feel more in control of your legal journey. A lawyer who can clearly articulate their strategy and maintain consistent communication demonstrates their commitment to your case and their professionalism.

4. Are You the Only Real Estate Attorney on the Case?

The question of who will be directly handling your case is highly significant, particularly when considering larger law firms. While a larger firm might offer extensive resources and a deep bench of expertise, it’s essential to clarify whether you will be working primarily with the attorney you initially consult, or if your case will be primarily managed by a team of associate lawyers and paralegals. You need to feel comfortable and confident with every individual who will be involved in your legal matter.

It’s common for larger firms to operate with a team approach, where senior attorneys oversee cases, and associates or paralegals handle various tasks such as research, drafting documents, and managing communication. While this can be an efficient way to manage workload and leverage different levels of expertise, it’s crucial to understand the extent of each team member’s involvement. If your expectation is to work directly and consistently with the lead attorney you hired, then you need to be forward about your expectations regarding who will be working with you. Getting “passed off” to another lawyer without prior understanding can lead to a feeling of disconnect, a lack of personal attention, and potentially a fragmented understanding of your case details.

Real estate cases can be deeply personal and, at times, emotionally charged or even humiliating, especially when they involve sensitive financial dealings, personal property, or family matters. Individuals who are naturally guarded about their personal affairs and financial transactions often prefer a consistent point of contact. They may not want numerous strangers knowing the intimate details of their business. If you value a personal and consistent working relationship with a single attorney who fully understands the nuances of your situation and with whom you can build rapport, then express this preference upfront.

Ask specific questions such as:

  • “Will you be my primary point of contact throughout this process?”
  • “Who else from your firm will be working on my case, and what will their roles be?”
  • “Will I have direct access to them, or will all communication go through you?”
  • “How often can I expect to communicate directly with you?”

Understanding the firm’s operational model and the specific individuals who will be involved will help you determine if their approach aligns with your personal preferences and the level of personalized service you desire. This clarity prevents misunderstandings and ensures that your experience with the legal team is as comfortable and effective as possible.

5. Why Should I Choose You Instead of Another Lawyer?

This question might feel direct, but it is a critical inquiry that encourages a prospective attorney to articulate their unique value proposition. It’s not meant to be confrontational; rather, it’s an opportunity for them to demonstrate what sets them apart in a competitive legal landscape. The truth is, the market for real estate lawyers is robust, with many qualified professionals offering their services. Your decision will ultimately come down to which attorney best aligns with your specific needs and priorities.

A significant part of the attorney’s answer will depend on what you value most in legal representation. Do you prioritize quick deals and efficiency, seeking an attorney who can expedite the process without sacrificing accuracy? Or perhaps you prefer to be completely hands-off, entrusting your attorney to manage every detail and keep you informed only of major developments? Maybe your priority is an attorney with a deep understanding of complex financial structures, or one known for aggressive litigation tactics. Before asking this question, take a moment to consider your own priorities and communicate them to the attorney, as this will help them tailor their response to your specific concerns.

Strong competition in the legal field should ideally motivate attorneys to perform at their highest potential. When you ask an attorney what makes them superior to other firms in the area, their answer should be straightforward and concise. Look for clear differentiators, such as:

  • Specialized expertise: Do they have a particular niche in real estate law that directly relates to your case (e.g., commercial leasing, land development, environmental regulations)?
  • Proven track record: Can they point to successful outcomes in cases similar to yours?
  • Unique approach: Do they offer a specific methodology or philosophy that makes their service more effective or client-friendly?
  • Client communication and service: Do they emphasize their responsiveness, accessibility, or a personalized client experience?
  • Cost-effectiveness: While not always the primary factor, some attorneys might highlight their ability to provide high-quality service at a competitive rate or their strategic approach to minimizing legal costs.

Be wary of attorneys who ramble without providing a clear answer. A confident and competent attorney should be able to articulate their strengths and competitive advantages succinctly. Their pitch should feel like a focused argument for why they are the best choice for your specific situation.

Most law firms will seize the opportunity to highlight their achievements and capabilities to a potential client. This question essentially makes them pitch their services to you, encouraging them to bring their best abilities to the forefront. Their response will not only reveal their strengths but also give you insight into their confidence, their understanding of the market, and their commitment to client acquisition. This direct challenge allows you to assess their self-awareness, their professional pride, and ultimately, whether their strengths align with what you need in a legal representative.

6. Have You Had a Case Like Mine?

For complex real estate matters, having a legal representative with direct experience in cases similar to yours is invaluable. While general experience is important, specific familiarity with your type of situation can significantly impact the outcome. When you ask, “Have you had a case like mine?”, you’re probing for practical, hands-on knowledge rather than just theoretical understanding.

An attorney who has handled cases similar to yours will likely have a deeper understanding of the specific legal precedents, potential pitfalls, and effective strategies relevant to your situation. They can draw upon past experiences to navigate challenges more efficiently, saving you time and potentially money. More importantly, ask them how they performed in that case. Were they successful? What were the key takeaways or lessons learned from those experiences? Their ability to recount similar cases and their outcomes will provide tangible evidence of their relevant expertise.

A great attorney will also be able to discuss possible obstacles in your case and how they plan to overcome them. For instance, if you’re dealing with a property dispute involving an easement, an experienced attorney might immediately identify the challenges related to unclear property lines or unrecorded agreements and outline a strategy to gather evidence or negotiate with the opposing party. They should be able to anticipate the other party’s strategy and articulate their own plan of action to counter those moves. This forward-thinking approach is a hallmark of a skilled litigator or negotiator.

It’s also important to remember that even if the specific attorney you’re consulting hasn’t personally handled a case identical to yours, it’s possible that someone else in their firm has dealt with your type of case. Larger firms, in particular, often have multiple attorneys with diverse specializations. If this is the case, inquire about their internal collaboration process. Will the attorney you are speaking with consult with colleagues who have relevant experience? Will they bring in another attorney from the firm to co-counsel or provide insights? Understanding how the firm leverages its collective knowledge can be just as reassuring as an individual attorney’s direct experience. Ultimately, you want assurance that the legal team representing you has a clear roadmap and a proven track record for tackling the unique complexities of your real estate matter.

7. Do You Have References?

When you meet with a lawyer for an initial consultation, it’s their opportunity to make a strong first impression. They will naturally present themselves in the most favorable light, highlighting their successes and professionalism. While their presentation can give you a sense of their personality and communication style, it only provides one side of the story. To gain a more complete and objective picture of the attorney’s capabilities and client experience, it is essential to ask for a list of recent references.

A list of professional references, ideally from clients whose cases are similar to yours or who have recently engaged the attorney’s services, offers invaluable insights. Speaking with these references allows you to hear firsthand accounts of their experience with the lawyer. You can inquire about crucial aspects such as:

  • Communication: How effectively did the attorney communicate? Were they responsive to calls and emails? Did they keep the client informed throughout the process?
  • Responsiveness under pressure: How did the attorney perform when facing unexpected challenges or tight deadlines? Did they remain calm and strategic?
  • Weaknesses and strengths: While references will naturally focus on positive aspects, asking about any areas for improvement can also provide a balanced perspective. Conversely, they can highlight the attorney’s standout qualities, such as negotiation skills, attention to detail, or courtroom presence.
  • Overall satisfaction: Would the client hire this attorney again? Would they recommend them to others?

Start the Interview

The future of your real estate transaction depends on the questions you ask. A real estate attorney who answers confidently can make your life easier.

The right real estate legal professional can answer your questions, review documents, and argue cases for you in court.

Don’t wait any longer. Get the right attorney who will fight for you by contacting us today.

COVID-19 Closing Procedures Bulletin

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COVID-19 Closing Procedures

Hiring a Helping Hand: How to Find a Professional Real Estate Closing Attorney

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Buying a house is exciting and in 2018, more than 5.34 million people closed on new homes. But there’s more to buying a house than getting a mortgage and taking possession of the keys.

You have to close on the property. The closing process helps ensure that everything gets handled legally. That’s why hiring a real estate closing attorney is one of the best things you can do.

However, if you’ve never bought a house before, you’re probably not sure where to start. Read on to learn a few tips to help you find the right attorney quickly.

Ask the People You Trust for Recommendations

The best place to start when looking for a real estate closing attorney is to ask the people you know and trust. Talk to your friends, family, and coworkers who recently purchased a home.

Ask if they worked with a real estate attorney and get their recommendations.

If none of your friends have worked with a real estate attorney, ask them if they know of anyone who has. Remember, you’re not just able to use your network—you can use theirs as well.

The more people you can reach out to, the more likely you are to get several recommendations for attorneys in the area. Just make sure their practice is conveniently located for you.

If you work with an attorney that’s out of the city, you may find it more difficult to take care of documents and appointments.

Talk to Your Real Estate Agent

If no one you know has a recommendation for an attorney, talk to your real estate agent. Remember, your real estate agent is intimately familiar with everything that goes into buying and selling a house.

This means they’ll know who to talk to in the community and can give you a list of names quickly.

If they don’t know any attorneys personally, their coworkers and other real estate agents will. You can even use these recommendations in conjunction with the ones your friends give you to help you find the right fit for your needs and your budget.

Schedule a Consultation with Each Attorney You’re Considering

Almost all attorneys offer free consultations. This allows them to better understand how they can help you and gives you the chance to make sure you’re comfortable with the attorney.

Take the time to schedule a consultation with each attorney you’re thinking of working with. Most consultations only take half an hour, but that’s plenty of time to make sure they’re the right fit for you.

If an attorney charges for a consultation, keep looking.

Make Sure They Can Work with Your Timeframe

Unfortunately, some attorneys just don’t have the time to take additional clients. This isn’t a reflection of you or your home purchase—it just means they’re too busy at the moment.

Before you leave the consultation, discuss your ideal timeframe. Tell them when you’re hoping to close on the property and when you want to be able to move in.

If they have time for your case, great! But if not, you’ll need to keep looking.

Feel free to ask these attorneys for recommendations as well. They may know a real estate closing attorney who has more availability and can work within your timeframe.

Understand Their Fees

Before you agree to work with an attorney, make sure you understand how you’ll get charged for their services. Most legal professionals charge for their work by the hour, but some charge a flat fee for certain services.

Some firms also assess incidental expenses throughout the closing process. If you’re not aware of what these are, they could take you by surprise and increase your closing costs significantly.

Take the time to clarify your attorney’s fees. It’s okay to be blunt and ask for clear details.

If you’re comfortable with their rates and how they charge for their services, great! If not, keep looking. Just remember that you pay for experience and a cheaper attorney may not be the best choice.

Know Who Will Work on the Closing

Law firms are more than just a group of practicing attorneys. There are legal assistants, paralegals, and other support staff that help out on cases. In fact, the attorney you speak with during your consultation may not even be the one that handles your closing process.

Make sure you know who will be handling the case and see if you can meet them before you agree to anything. If you’re not comfortable with anyone working on the case, it’s best to keep looking.

Ask for References from the Real Estate Closing Attorney

If everything about the attorney and their support staff seems great, ask them for references before you sign a contract. All reputable attorneys have references who are willing to speak to their abilities and share their experiences with you.

Should an attorney not have references or refuse to give them to you, walk away. But if you do get a list of references, make sure to follow up with them.

When you speak with their past clients, ask about their experiences and whether they would hire the closing attorney again. If the answer is yes, you should feel comfortable hiring them for your home purchase.

If those references all raise similar concerns or share similar issues, proceed with caution. Chances are, if their past clients had problems, you will, too.

Hire Them and Start the Closing Process

Once you find an attorney that fits your needs and your budget, don’t wait. Hire them as soon as you’re comfortable and let them represent your interests at the closing appointment.

There’s more to closing than signing paperwork. Your attorney needs to make sure the documents are in order and that everything gets signed by the right parties. They’ll help you make sure the closing goes off without a hitch.

Are You Ready to Buy a Home?

If you’re ready to buy a home, don’t put off the search for an experienced real estate closing attorney. The sooner you start looking, the faster you’ll be able to get into your new dream home.

Ready to schedule a consultation? Contact our team today and meet with our experienced real estate law experts to discuss your closing.

What types of cases do you handle under real estate law?

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Our Firm handles traditional purchases of real estate, including both residential and commercial properties. We also handle refinancing of loans and mortgages, home equity lines of credit, and mobile home sales and de-titles. Additionally, we handle quitclaim deeds and property transfer. We handle commercial lease agreements, commercial purchases, and commercial sales and refinances. We also do real estate development, and that could be anything from sub-divisions to multifamily homes or to a corporate real estate development. The only thing we don’t handle in real estate law is real estate or residential litigation. We don’t handle litigation between homeowners, neighbors, landlords and tenants, etc.

Do I need an attorney when purchasing a single family home?

The real estate attorney handles the title insurance of the closing. In South Carolina, title insurance is a legal requirement, and you do need a lawyer to handle the closing, escrow servicing, and titling of your property.

Why should I hire an attorney if I’m just purchasing or selling a property?

In South Carolina, it’s required that an attorney handle and supervise many of the critical elements of a real estate closing. These elements include title searches and abstracts, title review and certification, and the closing itself, including preparation and analysis of closing documents and escrowing the funds. All money passes through the attorney’s escrow account and is distributed according to the documentation that is presented.

Should I use the standard listing agreement by realtors to buy or sell property or should I use a custom agreement made by my attorney?

For residential properties, most states including South Carolina have a standard realtor’s contract that everyone real estate agents and attorneys are familiar with. We use the standard form as it is convenient for all parties involved, but also review and draft real estate agreements specific to the individual transaction.

What is involved in the closing of a real estate property?

Often, when people are buying a property for the first time, they don’t understand the amount of paperwork and tasks associated with a closing. The first thing that needs to be done is a contract between the buyer and seller. There is an earnest money deposit that usually goes along with the signing of that contract. Included in the contract is a list of deadlines and dates for certain things to be done. It is very important to make sure that all those dates are noted when the contract is signed.

Next, there is the due diligence and the inspection period. This is vital, because in most contracts for real estate, specifically in residential real estate, there are out clauses, or the things that the buyer, if things are found, can get out of the contract, or the contract will be cancelled. There will be inspections, both home inspections and termite inspections, with a financing statement stating that if the buyer can’t obtain funding to buy the house, either they negotiate the contract again or the contract is voided. At that time, a title search is done to make sure that the title is good and marketable.

In addition, a survey of the property is done, and then the attorneys review both the survey and title to certify that the title is good and marketable. Also, the attorney needs to receive payoff requests for all liens.

Then, the lender will give a title commitment letter and will coordinate the closing. From here, we must review all the lender documents and the settlement statements and prepare for the closing.

During closing, the attorney will explain every document that is involved and all parties will sign the closing documents. The attorney will do the transferring of the deed and transfer funds through the escrow account to the lenders, sellers, agents, mortgage companies, and taxing authorities and insurance companies. The attorney will give the title insurance commitment to the buyers and the bank, and then record the mortgage deed through the clerk at the courthouse.

For more information on Real Estate Cases In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

What form of funds is acceptable at the closing?

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We will not accept any funds at the closing over $5,000. If it’s under $5,000, we will only accept a bank certified check.

We require funds to be wired at least 48 hours prior to closing, or, if they would like, we can deposit their personal check into our escrow account. We ask that this is done at least 10 days prior to closing so the check has time to clear.

Our standard policy is to accept a wire transfer. This is because it is more convenient, and other methods may have timing issues that would delay the closing.

What are the borrowers’ responsibilities in a real estate transaction?

The borrower’s responsibilities in the closing will be outlined in the contract. The contract includes provisions and contingencies related to having things done, such as appraisals and inspections. If the buyer is getting financing from a bank, having a pre-approval letter and a final loan approval letter are some common contingencies that are listed in a contract.

At the time that the buyers and sellers request us to handle their closing, they are given a closing organizer that allows them to list important closing dates, such as when the inspection is due, when they have to send the letter to the seller after the inspection, and when the appraisal’s due. It also allows them to record key contact information, such as the name of the company that’s handling the inspection and the bank manager who’s overseeing the loan.

We try to make the process as easy and as stress-free as possible. This is best accomplished by being organized. The seller’s responsibilities are also laid out in the contract. Oftentimes, repairs need to be made after inspection, and the seller needs to respond to these repair requests and provide proof that the repairs are done.

In the case of a commercial property, South Carolina has a due-diligence period that differs from other states. During this due-diligence period, there is not a survey or title report done on the property. Instead, a phase one environmental study and inspection is needed the property and structure. During this period, if for any reason the buyer doesn’t want to go forward with the closing, they only have to notify the seller. In these cases, they walk away and the escrow funds are released. In a residential closing, the escrow amount is usually much less.

The seller also needs to furnish a deed with clear title and make sure that all parties with an ownership interest are essentially conveying that property to the buyer in the contract.

Will I be able to move into the new property immediately after closing?

Once you buy the property, you should have access to your property. If there are reasons you can’t move in, such as repairs, you may not have access to your property right away. Once you leave the closing and the funds are dispersed, it is your property and you have access to it. We strongly advise both buyers and sellers not to close on a property if, for instance, the seller has not completely moved out. When a closing happens, it should be a closed transaction. When both parties leave that day, the property has been conveyed, and all personal property that is not specifically listed to be transferred is out of the home, and the buyer can move in at the minute they leave our office.

Who is responsible if something goes wrong with the property after closing?

Because we act as a settlement agent for the closing process, both parties sign what’s considered a multiple disclosure agreement. This simply states that we are serving both parties, and in any issue post-closing, we are unable to represent either party. We make all documents available to any other attorneys that they wish to hire if there was any litigation. To avoid this, we make sure that when the closing takes place, both parties leave with the transaction finalized. There should be no lingering effects, such as repairs or leftover possessions.

For more information on Funds At Real Estate Closing, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

How can I prepare beforehand to sell or purchase a property?

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If you are working with a realtor, a real estate agent, or a real estate company, we want you to stay with them through all the things leading up to when you make an offer on a house or when you put your home on the market. Your real estate agent is the professional that understands how to get your home under contract. Once it’s under contract, then you or your realtor will come to us to start the process of abstracts, titles, and closings. A real estate agent will normally walk you through all the nuances of selling or buying a property, but it’s always good to be organized. It’s best to have all your paperwork and your contracts ready when you contact us.

What things can happen in a real estate transaction that can cause either party to be liable?

There are two things that are happening simultaneously when you sign a normal real estate or a residential closing.

The first is, the buyer is paying for an appraisal of the property and the home inspection of the property. There is usually a legal requirement for a termite inspection that is paid for by the seller. Secondly, at the same time, the buyer is seeking funding from the lender. If the termite inspection from the seller shows a termite infestation, a decision needs to be made at that point to either eradicate or fix the situation. If the buyer agrees, that needs to be done.

This could also cause the sale to fall through. If there is too much infestation, the buyer may not want to go forward. If the appraisal comes back at a value that is less than the mortgage, then that may be cause to not go forward. For example, if the mortgage is $100,000 but the appraisal comes back at $90,000, the house is not appraised for the value they want the loan for, so the sale price could cause it to fall through. In addition, the home inspection could come back with a major foundation issue that is not easily fixed by the seller. This, also, could cause the buyer to back out of the contract.

What is a free and clear title? How does it relate to the sale of property?

Clear title is a word that means the title is insurable. This also means that the title is marketable, which means you can sell your interest in that property. You can find out if your title is clear and marketable through researching the ownership history and if there are any encumbrances to that title.

Is there any sort of grace period where one party can back out of a real estate transaction?

Once a contract is signed, you agree to the milestone dates mentioned in the contract. At a closing, you legally transfer the property. That is legally binding.

How long does it typically take to purchase or buy a property in south carolina?

When a real estate client comes to us after meeting with a real estate agent and discussing making an offer, we usually can close within 30 days. This is dependent on whether the buyer has their paperwork and been approved by a mortgage company. For a commercial property, however, it can take anywhere from 60-90 days for a closing.

Additional Information on Real Estate Law

The sooner you get your information to the real estate attorney, the easier things become. In a closing, there are a lot of people that need to be informed, a lot of research that needs to be done, and in some cases, other parties (such as mortgage companies) that also need to be involved and informed. In a situation where the mortgage company needs other creditors be paid off at settlement to clear the creditors and only have the mortgage on the property, it is important to get the information to the company, because getting that information from the creditors takes time. The sooner you get you the real estate attorney, the more smoothly things will go.

For more information on Preparing For A Real Estate Transaction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

Do I need an attorney for a real estate closing?

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South Carolina is one of the few states that requires a licensed South Carolina attorney to handle many of the major aspects of a closing. Major aspects of a closing include supervising the title search and title commitment, recording deeds, mortgages, and other important documents, as well as supervising the escrow process and disbursement of funds to all parties involved. The South Carolina Supreme Court requires these issues to be handled and supervised by a licensed South Carolina attorney.

What is the attorney’s role in a real estate transaction?

An attorney’s main role in a real estate transaction is to gather the necessary information from both buyers and sellers. This includes loan payoffs, mortgages, and deeds. We will also conduct a title search, and order a survey if the buyer decides they want one. We will communicate with both parties and come to an agreed upon date and time for the closing, and instruct all parties on what needs to be signed and anything else that may need to be done.

We will also handle the title commitment and the title insurance for the buyer. South Carolina is unique because our closing attorneys are also able to administer the title insurance that is required by all lenders. We always recommend buyers of real estate to get title insurance, because their lender’s title insurance policy does not protect them. This is because lender’s title insurance only protects the buyer, and an owner’s title insurance policy protects the buyer.

Who needs to attend a real estate closing?

Any party that has an ownership interest in the property needs to attend the real estate closing. Those looking to be on the new deed or mortgage should also be present. If someone is not able to attend for any reason, we have mechanisms in place that will allow a representative to sign for them if the lender is open to this option.

Who pays the attorneys’ fees in a real estate closing?

In South Carolina, the attorney’s fees are paid by the individual outlined in the property contract. For a residential closing, a typical contract will have the buyer paying the attorney’s fees. This is because in South Carolina, the buyer is the one allowed to choose the settlement agent or closing attorney.

In commercial closings, both the buyer and the seller will have their own attorney, and each side will pay for their own attorney’s fees. In some scenarios, the buyer’s attorney will act as a settlement agent. The settlement agent’s role is solely to move the process along and handle the document production and recording. In these scenarios, each party will pay for their own attorney’s fees.

How much money will I need at the closing?

Fund disbursement is determined by a number of things, including the purchase price, the loan amount, mortgage insurance, homeowner’s insurance, property tax, attorney’s fees, and title insurance.

All these things are outlined in the closing disclosure form that is given to residential buyers and sellers. At the end of the closing disclosure form, it will show exactly how much the buyer and seller need to bring to the closing and what those funds are for.

For more information on Real Estate Closings In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

13 Simple Steps to Closing on a House in South Carolina: The Ultimate 2026 Guide

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Purchasing a home is one of the most significant financial and emotional milestones of your life. However, navigating the real estate market is increasingly complex. According to recent data from the National Association of Realtors (NAR), first-time buyers make up just 21% of the market—an all-time low driven by tight inventory, high home prices, and shifting interest rates. Furthermore, the median down payment for first-time buyers has risen to 10%.

If you are entering this landscape for the first time, the closing process can feel both daunting and exciting. While your real estate agent will guide you, understanding the sequence of events is crucial to a successful purchase.

Because South Carolina has unique legal mandates for real estate transactions, you cannot rely on generic national advice. In the Palmetto State, the legal framework is designed to protect all parties, but it requires strict adherence to local statutes. Here is the updated, comprehensive, step-by-step chronological guide to closing on a home in South Carolina in 2026.

1. Sign a Buyer Representation Agreement

Before you start looking at homes, you must partner with a licensed real estate agent. Following the landmark NAR settlement, standard practices in 2026 dictate that you must sign a written Buyer Representation Agreement before touring any properties—whether in-person or virtually.

This is not just a formality; it is a federal and state regulatory requirement. Under South Carolina law, specifically S.C. Code Ann. § 40-57-350(E)(1), a buyer’s agent must perform the duties of a written brokerage agreement. No agency relationship may be assumed or created orally. The agreement clearly outlines:

  • The exact services your broker will provide.
  • The broker’s compensation rate (which must be a clearly defined percentage or flat fee, not an open-ended number).
  • How that compensation will be paid (e.g., whether you will cover it directly, ask the seller to pay it via concessions, or use a combination of both).

Pro-Tip for 2026: Do not sign this agreement blindly. Ensure you negotiate terms that align with your budget and clarify what happens if you find a home where the seller is not offering a buyer-agent commission.

2. Get Pre-Approval for Your Mortgage

Before falling in love with a property, you need to know exactly what you can afford. A pre-approval letter from a reputable lender shows sellers you are a serious buyer with verified purchasing power.

To obtain a pre-approval, your lender will conduct a rigorous evaluation of your financial history. You will need to provide:

  • Tax returns from the past two years.
  • Recent W-2 forms and pay stubs.
  • Bank statements showing your assets and down payment funds.
  • A hard pull of your credit score.

In a competitive market like South Carolina, having your pre-approval ready is often the difference between an accepted offer and a missed opportunity. It sets your maximum budget and ensures you do not waste time viewing properties outside your financial reach.

3. Partner with a South Carolina Real Estate Attorney

Unlike many states that use independent, non-attorney title or escrow companies, South Carolina is strictly an “attorney closing state.” Under state supreme court rulings, a licensed South Carolina real estate attorney must oversee the transaction, perform the title search, and conduct the closing.

It is best to choose your closing attorney early in the process—ideally as soon as you have your pre-approval. Your attorney will:

  • Review the purchase offer and contract before you sign it to ensure your legal rights are protected.
  • Receive and secure your earnest money deposit.
  • Coordinate with your lender to assemble closing documents.
  • Act as the neutral clearinghouse for all funds.

Choosing a local attorney who knows the county-level registry rules where you are buying is highly advantageous.

4. Lock in Your Interest Rate

With the fluctuating interest rate environment of 2026, securing a predictable monthly payment is vital. Once you have a specific property under contract, work with your lender to lock in your interest rate.

Rate locks typically last 30 to 60 days. This lock protects you from sudden upward market spikes while your loan goes through underwriting.

  • What if rates drop? Ask your lender about a “float-down option,” which allows you to take advantage of lower rates if they drop significantly during your escrow period.
  • What if the lock expires? If your closing is delayed past the lock expiration date, you may have to pay fee extensions to maintain your locked rate, making a timely closing crucial.

5. Open an Escrow Account

Once your offer is accepted, you must submit “earnest money” (typically 1% to 2% of the purchase price) to prove your commitment to the deal. These funds, along with all crucial transaction documents, will be held in a neutral escrow account—typically managed by your closing attorney or the buyer’s brokerage—until the day of closing.

The management of real estate trust funds in South Carolina is strictly regulated under S.C. Code Ann. § 40-57-135, which mandates that earnest money must be deposited in a designated, interest-free trust account and held securely until the transaction is closed or terminated by mutual written agreement of the parties.

The escrow holder acts as an impartial third party. They ensure that neither the buyer nor the seller can access or manipulate the funds without mutual written consent or a completed transaction. If the deal goes through, this money is credited directly toward your down payment and closing costs.

6. Perform a Title Search and Secure Title Insurance

Your South Carolina closing attorney will conduct a thorough title search, looking back through the property’s history (typically 30 to 40 years) to ensure there are no unresolved issues. They will look for:

  • Unpaid property taxes or utility bills.
  • Unresolved contractor liens (mechanic’s liens).
  • Easements or boundary disputes.
  • Heir property issues or undisclosed co-owners.

To protect your investment against any hidden issues that a physical search might miss, you will purchase Title Insurance. There are two types:

  1. Lender’s Policy: Required by your mortgage company to protect their financial interest in the property.
  2. Owner’s Policy: Highly recommended for you, the buyer. This one-time premium protects your equity and legal ownership of the home for as long as you or your heirs own it.

7. Order a Professional Home Inspection

A general home inspection is your opportunity to evaluate the home’s physical condition. A certified inspector will spend several hours examining:

  • Structural integrity (foundation, framing, crawlspace).
  • Major systems (HVAC, electrical panel, plumbing lines).
  • Roofing materials and flashing.
  • Appliance functionality.

In South Carolina, standard contracts feature a Due Diligence period. If the inspector finds major structural or safety issues, you can use this window to:

  • Negotiate a lower sale price.
  • Ask the seller to repair the issues before closing.
  • Request seller concessions to cover the cost of repairs after closing.
  • Back out of the contract entirely and receive your earnest money back safely.

8. Obtain a CL-100 Wood Infestation Report

In South Carolina, a standard pest inspection is much more detailed than in other states due to the warm, humid climate. You will need to obtain an official South Carolina Wood Infestation Report, universally known as a CL-100 letter.

This report is a regulatory requirement under the South Carolina Pesticide Control Act, codified at S.C. Code Ann. § 46-13-10, and is explicitly governed by Clemson University’s Department of Pesticide Regulation under S.C. Code of Regulations § 27-1085.

The CL-100 report must be completed within 30 days of closing by a licensed, certified commercial applicator. The inspector will physically inspect the home (especially the crawlspace) to check for:

  • Active termites or other wood-destroying insects (like powderpost beetles).
  • Evidence of past termite infestations or prior termite treatments.
  • Wood rot and decay fungi (often called “wet rot”).
  • High moisture readings in the crawlspace subfloor are exceeding 20%.

If the CL-100 is not “clear,” the seller must typically pay to treat the infestation, lower the moisture levels, or repair structural wood rot before the lender will agree to release your funds.

9. Get a Home Appraisal

Your lender will hire an independent, licensed appraiser to determine the fair market value of the property. Lenders will not loan you more money than the home is actually worth.

Once the appraiser evaluates the property and reviews recent comparable home sales (comps) in the neighborhood, they will issue a report.

  • If the home appraises at or above the purchase price: Your loan moves forward smoothly.
  • If the home appraises lower than the purchase price: You face an “appraisal gap.” You must either negotiate a lower price with the seller, pay the difference out of pocket (cash), submit an appraisal rebuttal with your lender, or walk away from the deal using your appraisal contingency.

10. Negotiate Closing Costs and Commission Concessions

Closing costs generally run between 2% and 5% of your total loan amount. These fees cover attorney services, recording fees, transfer taxes, origination fees, and prepaid items like homeowners’ insurance and property tax escrows.

Under 2026 real estate rules, you can negotiate for the seller to pay seller concessions. These concessions can be used to:

  • Directly offset your lender and closing fees.
  • Pay down your interest rate (rate buy-down).
  • Cover the buyer-agent commission fee that you agreed to in Step 1.

Negotiating concessions is a powerful tool to preserve your liquid cash during the transaction, especially when down payments are at historic highs.

11. Satisfy and Remove Contract Contingencies

Most real estate contracts are bound by contingencies—such as financing, home sale, or appraisal clauses. These clauses protect you by allowing you to cancel the deal if certain conditions are not met.

As you complete your due diligence, inspections, and appraisal, your agent will help you formally remove these contingencies in writing.

  • Warning: In South Carolina, missing these critical contract deadlines can result in the automatic waiver of your rights or the forfeiture of your earnest money deposit to the seller. Keep a detailed calendar of all contingency expiration dates.

12. Arrange and Secure Payments Safely

A few days before closing, your lender will send you a Closing Disclosure (CD) detailing the exact amount of cash you need to bring to the table. You will need to arrange for a wire transfer or a certified cashier’s check.

Crucial 2026 Security Warning: Wire fraud in real estate transactions is at an all-time high. Cybercriminals frequently spoof email addresses of real estate agents and closing attorneys to send fake wire instructions.

  • Always call your South Carolina closing attorney’s office directly using a trusted, verified phone number (do not use phone numbers listed in a suspect email) to verbally confirm the routing and account numbers before sending any money.

13. Perform the Final Walkthrough and Close!

On the morning of closing, you and your agent will perform a final walkthrough of the home. This ensures that:

  • The property is in clean, move-in-ready condition.
  • No new damage has occurred since the home inspection.
  • All agreed-upon repairs (from Steps 7 and 8) have been completed by licensed professionals.
  • The seller has completely moved out and removed all trash.

With a successful walkthrough complete, you will head to your closing attorney’s office. You will sign the mortgage note, deed of trust, and closing disclosures. Once the attorney records your new deed with the county Register of Deeds and disburses the funds to the seller, you will officially be handed the keys to your new South Carolina home!

Frequently Asked Questions (FAQs)

Who pays the closing costs in South Carolina?

Typically, both the buyer and the seller pay closing costs, but their fees differ. The buyer pays for lender-related fees, title insurance, home inspections, and their portion of the attorney’s fee. The seller usually pays for deed preparation, transfer taxes (known as deed recording fees in SC), outstanding property taxes, and negotiated commissions or concessions.

How long does the closing process take in South Carolina?

On average, closing on a home in South Carolina takes between 30 and 45 days from the date the contract is signed. This timeline is largely dictated by the lender’s underwriting speed, the time required to complete the title search, and the scheduling of inspections and appraisals.

Can I close on a South Carolina home remotely?

Yes. South Carolina allows for “mail-away” closings, but because it is an attorney-mandated state, there are strict rules. You will need to sign the documents in the presence of a mobile notary and, in some cases, two witnesses. The physical documents must then be overnighted back to the closing attorney’s office for recording.

What is the “deed recording fee” in South Carolina?

South Carolina charges a state transfer tax (deed recording fee) on the transfer of real estate. Under S.C. Code Ann. § 12-24-10, the rate is $1.85 per $500 of the property’s valuation (or $3.70 per $1,000). This fee consists of a state portion of $1.30 and a county portion of $0.55, and is typically paid by the seller at closing, though it can be negotiated.

Glossary of South Carolina Real Estate Terms

  • CL-100 (Wood Infestation Report): A state-specific document verifying that a property has been inspected for termites, wood-destroying beetles, moisture levels, and active wood decay, regulated by Clemson University’s Department of Pesticide Regulation under S.C. Code of Regulations § 27-1085.
  • Due Diligence Period: A negotiated timeframe during which the buyer can conduct inspections, secure financing, and cancel the contract for any reason with minimal financial penalty.
  • Earnest Money Deposit (EMD): A good-faith deposit made by the buyer to demonstrate commitment to the purchase, held in a secure trust account pursuant to S.C. Code Ann. § 40-57-135 until closing.
  • Escrow: A legal arrangement where a neutral third party holds funds and documents until all conditions of the real estate contract are met.
  • Register of Deeds (ROD): The county government office responsible for recording deeds, mortgages, and other real estate documents to make them matters of public record.

Title Insurance: An insurance policy protecting property owners and lenders against financial loss from title defects, liens, or encumbrances.

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The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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