Real Estate Archives - Page 5 of 7

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

October 31, 2019/in Real Estate

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?

October 31, 2019/in Real Estate

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

September 23, 2019/in Real Estate, Resources

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:

Lender’s Policy: Required by your mortgage company to protect their financial interest in the property.
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.

Law Jobs For Humans. And For Humanity

April 19, 2019/in Domestic Violence, Education Law, Gun Crimes, Insurance Defense, Personal Injury, Real Estate Law

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So You’ve Had a Compliance Breach – Now What?

April 18, 2019/in Domestic Violence, Education Law, Gun Crimes, Insurance Defense, Personal Injury, Real Estate Law

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