Real Estate Blog

How Much Does A Real Estate Closing Attorney Cost?

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There are a number of expenses involved with buying or selling a piece of property. There’s the new mortgage, taxes, and insurance; the cost of making any necessary repairs to the property to prepare it for sale; realtor fees; and a variety of other expenses. In addition, there are fees involved with the final step of the transaction, which is called the closing. At the closing, the seller conveys ownership of the property to the buyer. Because property represents one of the largest financial investments most individuals will ever make, ensuring the legal integrity of this transfer is paramount. This is where the expertise of a dedicated real estate closing attorney becomes invaluable.

Real Estate Closing Settlement Fees

A South Carolina real estate closing attorney typically charges a flat fee for conducting the closing. In most cases, the fee is several hundred dollars, and in some situations, it may be over $1,000. The total cost often depends on the complexity of the transaction, the purchase price of the property, and whether the transaction involves a traditional lender, a cash payment, or unique financing structures like seller-carried notes.

Many real estate clients only see the real estate closing attorney at the closing table itself and may wonder why these fees are in place. To the untrained eye, it might look like the attorney is simply witnessing a few signatures. However, there is a massive amount of hidden, back-end work that closing attorneys must perform long before the parties meet. They do the heavy lifting to prepare for the closing and ensure that the property is being properly, legally, and cleanly transferred from the sellers to the buyers.

First, the closing attorney will conduct a thorough title search to check the status of the property. The title search involves examining public records—often going back 30 to 40 years or more—to confirm that the seller has full, unencumbered ownership of the property and is in a legal position to transfer it to the buyer. This process uncovers any potentially catastrophic issues, such as unresolved mechanic’s liens, unpaid municipal utility bills, or outstanding judgment liens against previous owners.

Furthermore, the title search will show if there are any easements, encroachments, or other restrictions on the property, such as shared driveways, utility line rights-of-way, or restrictive covenants imposed by a neighborhood association. The attorney will also prepare a formal opinion on the title that is presented to a title company. This document is a strict prerequisite for issuing title insurance. This title insurance protects both the lender and the buyer from any undiscovered title defects that might emerge in the future, providing essential peace of mind for the buyer’s investment.

Real Estate Closing Attorney Responsibilities

Closing attorneys are also responsible for facilitating complex communication between a number of disparate parties necessary to the finalization of the deal. A real estate transaction is rarely a simple two-party agreement; it is an intricate web of moving pieces. The closing attorney must act as a central hub, discussing the sale with mortgage lenders, real estate agents, land surveyors, current mortgage holders requiring payoffs, county tax offices, homeowners’ associations, and a variety of other individuals.

The closing attorney must communicate seamlessly with these entities to ensure every detail involved with the sale is entirely accurate. They must verify exact tax amounts owed, secure precise payoff letters from the seller’s current lender, and confirm that there are no outstanding HOA fines or dues. This constant coordination is vital to ensure that the closing is completed on time, preventing costly delays that could jeopardize the buyer’s mortgage rate lock or breach the purchase contract.

During the closing conference itself, the closing attorney steps into the role of an educator and guide. They will explain the legal significance of the documents to the parties as they sign them. There are a number of dense legal documents that must be signed at a closing, including:

  • The Deed: The legal instrument that transfers ownership of the real property.
  • The Settlement Statement (Closing Disclosure): A detailed itemization of all funds received and disbursed, showing exactly where every dollar goes.
  • Loan Documentation: The extensive packet required by the lender, which includes the mortgage or deed of trust securing the loan against the property.
  • A Promissory Note: The buyer’s personal legal promise to repay the loan under the specified terms.
  • Tax and Compliance Affidavits: Federal and state documents required by law to report the sale and verify identities.

The closing attorney is available throughout this meeting to answer any questions about these complex documents that the parties may have, ensuring that no one signs a binding legal contract without fully understanding their rights and obligations.

After The Closing

A closing attorney’s work does not end when the parties shake hands and leave the office. In fact, some of the most critical legal steps occur after the closing has been completed. Once the paperwork is executed, the closing attorney will perform a final gap check on the title to ensure no new liens were filed at the eleventh hour. Following this verification, they will update the title to the property on local registry of deeds websites and formally record the physical deed and mortgage with the county. Proper recording is what legally establishes the buyer’s ownership against any third-party claims.

In addition, the closing attorney is responsible for managing the escrow account and safely disbursing all transaction fees. This involves distributing brokerage commissions to the real estate agents, paying outstanding property and transfer taxes to municipal authorities, routing loan payoff amounts to the seller’s bank, issuing seller proceeds, paying home insurance premiums, and settling invoices for home inspection fees or environmental surveys. Every penny must balance perfectly according to the closing disclosure.

Even after the transaction has been completely wrapped up, the attorney’s role can continue. If any unexpected issues arise with the transfer of the property—such as a boundary dispute discovered during a later fence installation, or a delayed release of a prior mortgage by a banking institution—the closing attorney may be consulted to help resolve the issue.

Clearly, the real estate closing attorney does not simply sit with the parties at the closing table and have them sign documents. The closing attorney’s comprehensive oversight, legal knowledge, and administrative guidance are an absolute necessity to ensure the transition of ownership goes smoothly, securely, and that all parties thoroughly understand and fulfill the legal requirements of the deal.

Frequently Asked Questions About Title Insurance

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At The De Bruin Law Firm, we are experienced and knowledgeable real estate attorneys. We often help our clients when they are buying a home to ensure that the closing process goes as smoothly as possible. One aspect of what we do as real estate closing attorneys is help our clients with a title search and title insurance. If you are a first time home buyer, you may not be aware of everything related to real estate titles; in fact, this is an area about which we get many questions. To help you, we have compiled a list of frequently asked questions about titles.

What Is A Title?

A title is a document that serves as evidence of an owner’s right to possess a property. It’s possible for someone other than the owner to have a legal right to the property in question; in this case, the other person may be able to stake claim over the property or demand use of it.

What Is A Title Search?

A title search entails examining the historical records of a property, including deeds, property and name indexes, court records, and other documents. This search serves to confirm the seller’s right to transfer ownership to the buyer, and to uncover any other claims, defects, burdens, or rights to the property.

What Issues Can A Title Search Uncover?

A title search could reveal a number of issues with the title, including title defects, liens, encumbrances, or restrictions. This could include unpaid taxes, unpaid mortgages, legal issues with the seller, and restrictions on how to use the land.

Are There Potential Issues With The Title That A Title Search Won’t Reveal?

Yes. There are certain hazards that a title search might not reveal. For example, if a previous owner did not reveal his marital status, his spouse could have a legal claim to the property. Other examples include forgery, fraud, defective deeds, and clerical errors. It is possible for these issues to arise after you have already purchased your home, jeopardizing your ownership rights.

What Is Title Insurance?

Title insurance is a type of insurance policy that protects you against the loss if any of these issues present themselves after you have purchased your home.

What Happens If A Claim Is Filed Against My Property?

This varies depending on the claim. In the worst case scenario, you could lose your property and still be liable to pay off your mortgage balance. This is an extreme occurrence that doesn’t happen in most cases, but even a small claim will cost you money, time, and stress, and may require you to hire a lawyer.

If A Claim Does Arise, How Does Title Insurance Protect Me?

If a claim against your property is made, title insurance assures you a legal defense and will pay all court costs. If the claim proves to be valid, you will be reimbursed for your loss (up to the face amount of the title insurance policy).

Isn’t The Deed The Proof Of Ownership?

Actually, no. A deed is a document through which ownership rights to property are transferred, but it is not proof of ownership, and does not eliminate another’s rights to the property. Additionally, a deed does not show liens or claims against the title.

What Are The Different Kinds Of Title Insurance?

There are two types of title insurance policies: a loan policy and owner’s policy. The loan policy protects the lender in the property as security for the outstanding balance of the buyer’s mortgage. The owner’s policy protects the buyer’s investment in the property.

How Much Does Title Insurance Cost?

While it varies, in general, title insurance costs one percent or less of the total cost of the property. Additionally, a title insurance is not paid annually, like other types of insurance; it is one upfront cost paid at closing.

How Long Does My Title Insurance Coverage Last?

Title insurance coverage lasts as long as you or your heirs have an interest in the property, and in some cases, beyond that.

When buying real estate, it is in your best interest to hire an experienced attorney. As real estate attorneys in South Carolina, we can help you during your real estate closing. Interested in our legal services? Contact us today to learn more about how we can help with your real estate closing.

How Do I Sell My Home If There Is A Lien On The Property?

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Liens are designed for lenders to ensure that home buyers are more likely to make payments in a timely manner and do not default on them. If a debtor fails to pay the lender, the lender may sue the debtor, resulting in a lien on the property. If the homeowner should wish to sell the home, this can cause issues. In this case, a skilled and experienced real estate lawyer may be your best resource.

Why Liens Matter

Liens are attached to the property, meaning that if a debtor should transfer ownership to another party, the debt does not follow them. However, liens are present on the property title. Before a real estate closing, a mortgage company will require a title search. Should outstanding liens appear on the property, it is likely that the mortgage company will refuse to finance the purchase. Additionally, the lender who owns the lien can seize the home as long as the lien is valid. This may mean that the new homeowner must pay off the previous owner’s debt to keep the property. Most people will not want to take that risk, so selling a home with a lien may be very difficult.

Paying Off The Lien

If you are selling a home that has a lien on it, it is best to repay the debt before selling. Once the lien is paid off, the lien holder will issue a Certificate of Release. This acknowledges that the lien is no longer valid, as the debt has been paid. Upon receiving the certificate, the debtor files it with the Secretary of State’s office. The lien will no longer appear in title searches once this document has been filed, making it easier to sell your home.

Expiring Liens

Sometimes, the homeowner will choose to wait until the lien expires instead of paying it off if it is financially easier. There are several types of liens, and they expire at different times. Federal tax liens are valid for ten years, after which a homeowner can request a Certificate of Release. A judgment lien will expire once the original judgment expires, but a creditor could renew a judgment before its expiration. Therefore, relying on the lien to expire is not always a good idea.

Mortgage Liens

Mortgage liens are different than other liens. Should an individual sell the home before paying off the mortgage, the proceeds of the sale will go to paying off the original mortgage, should the house sell for more than the owner owes. Mortgage liens do show up in title searches, but do not count against the homeowner and would not complicate the sale process the way other liens would.

Solutions

If there is a lien on your property and you intend to sell it, you have a couple of options. Typically, a debtor must pay off the judgment lien before it is removed, but a lender may voluntarily remove the lien if the debtor offers collateral or sets up a payment plan. For federal tax liens, the IRS will allow debtors to apply for a lien release when trying to sell your home, if the individual submits their application at least 45 days before the sale of the home. This will release the lien on the home, but remains on other property, and the individual will still owe the debt.

At The De Bruin Law Firm, we have experienced real estate lawyers you may be able to help you with your questions about liens and other real estate issues. Contact us today to learn more about our real estate lawyer services.

4 Tips For Closing On A New Home

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When you buy a home for the first time, you may feel overwhelmed by the process. Though this is an exciting time, there are also many different steps and factors to consider along the way. Fortunately, you have resources at your disposal that can help your real estate closing go as smoothly as possible. Read on for tips on how to make your real estate closing easier.

Discuss With Your Attorney

When you are closing on your new home, it’s wise to hire a real estate attorney. An attorney who is well-versed in the real estate closing process can give you the guidance you need to make the process as seamless as possible. If you are anxious about closing on your home because you don’t know what to expect, there is no better resource than a real estate attorney. Your attorney will walk you through the entire process, including everything that is required of you as the buyer.

Don’t Forget The Details

When it comes to real estate, there is so much paperwork involved, it’s easy for it to slip through the cracks. Whether it’s for your attorney or your lender, you must promptly and accurately fill out any necessary forms. Otherwise, your closing could be delayed, maybe even for days at a time. When you find out you must complete paperwork, immediately fill it out, and triple check to ensure that all of the information is correct.

Follow Up On The Inspection

It’s likely that your new home was inspected within 10 days of the accepted offer. If any issues arose during that time, you likely negotiated with the seller to fix these problems. Follow up regarding these issues before your closing to ensure that they are addressed promptly.

Make A Schedule

Now that you know when your closing is, it is pertinent to put a plan of action in place. When will you be done packing? Have you hired movers? Do you need to transfer utilities to your new home? While these issues won’t directly affect the closing, taking care of these little details promptly will free your mind from the distraction, and allow you to focus on the closing. Schedule all of these little details as soon as you can.

When you need a real estate attorney in South Carolina, contact The De Bruin Law Firm to help you with your real estate closing. Call us today!

Why Do I Need Title Insurance?

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Buying a new home is an exciting but overwhelming process. There are many aspects of homeownership you must learn, and navigating all of the legal requirements may be a struggle for you. If you are buying a home, you may find a real estate attorney helpful. At The De Bruin Law Firm, we offer real estate law services that could aid you as you buy your new home. One aspect of homeownership that we may help you with is title insurance. While you are likely aware that there are a variety of types of insurance your home may require, title insurance is a very important but much misunderstood type of home insurance.

What Is Title Insurance?

The title of a home is what gives you legal rights to occupy the property. The title could include limitations due to claims others have asserted over the property. This could limit how you can use the property, and may cause financial loss. When you purchase title insurance, it protects against these types of issues with your title. Title insurance is purchased as a one-time premium, as opposed to other types of home insurance, which require annual premiums. This is because it protects against existing hazards instead of offering protection for hypothetical future issues.

Types Of Title Insurance

There are two general types of title insurance:

  • Lender/mortgagee coverage: Most lenders require title insurance. This protects their investment and allows them more flexibility to lend mortgage money.
  • Owner’s coverage: Owner’s insurance is not required, but is recommended. It lasts as long as you or your heirs have interest in the property, which may be even after you have sold it.

What Does Title Insurance Insure?

The title insurance process starts by research into the public records of the property in question before closing. This reveals any pertinent information to determine whether insurance is possible. This could reveal title hazards, such as outstanding mortgages, deeds or trusts with incorrect or misspelled information, pending legal action against the property, and more. With this knowledge, any issues may be resolved to prevent issues in the future. However, even with these preventative measures in place, other title defects may present themselves, perhaps due to mistakes in the public records or other issues. Title insurance protects you financially in the event of these issues presenting themselves after closing.

At The De Bruin Law Firm, we are experienced in a variety of title-related services, including title examinations and title insurance policies. Contact us today to learn more.

5 Essential Tasks Of A Real Estate Closing Attorney

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Whether you are buying or selling real estate, it is important to have an attorney for your real estate closing.  A real estate attorney ensures that everyone understands the complex legal process that real estate closings are, and that everything is above board. In order to better protect consumers during the closing process, South Carolina requires many aspects of a real estate purchase and refinance closing to be completed under the supervision of an attorney. For a more specific picture of what exactly a real estate attorney does during real estate closings, read on below.

Title Examination

A clear property title is essential for the buyer and lender in a real estate closing. Once the purchase agreement has been received, we can begin examining the title. For the sake of the buyer, we will evaluate the restrictions, encroachments, easements, and whether the title clearly allows the seller to transfer it to the buyer. We will then identify if there are existing mortgages on the property that must be satisfied in order to transfer the title over. For the sake of the lender, we will create an overview of any judgments, mortgages, or liens in existence that must be settled before closing. Any concerns about the status of the title are addressed during this process.

Title Insurance

Title insurance is important because if there is a problem with the title in the future, it protects the buyer and the lender. After the title examination, your real estate attorney from De Bruin Law Firm writes an opinion about the title for the title company so they can issue a title binder, which is necessary for obtaining title insurance. Title insurance is absolutely essential for the lender because they must assure that it is in the first lien position of the property, but it is optional for the buyer. However, it is best to go through with title insurance, given that it is relatively inexpensive and protects the buyer’s rights to the property.

Coordination

The real estate closing attorney also coordinates all of the parties involved in the closing. This means that the attorney must communicate with the buyer, seller, and lender, and any additional players, such as brokers, surveyors, the homeowner’s insurance company, home inspectors, contractors, homeowners’ associations, and more. The closing attorney must coordinate all of these parties in order to ensure that the closing occurs in a timely manner. Throughout the entire process, the closing attorney is necessary for communication, but is especially crucial when preparing the settlement statement and when confirming the dates and amounts of money needed for closing.

Review Of Documents

The day of closing, the real estate closing attorney must be present to go over the various documents. The closing attorney can offer explanations for any confusing documents, such as the deed, settlement statement, and loan documentation.

Record And Disbursement Of Funds

Finally the closing attorney must close the transaction and distribute all the funds. After reviewing all the documents, the real estate closing attorney will make a final review of the title and deed, then issue the final opinion on the title and pay the title company. The closing attorney will then distribute all of the funds in the transaction, such as brokerage fees, county taxes, homeowner’s insurance premiums, inspection fees, seller’s proceeds, and the attorney fees.

Clearly, a real estate attorney is essential for a real estate closing. When you need a real estate attorney to help you buy or sell real estate in South Carolina, De Bruin Law Firm has the experience you need. Contact us today.

3 Issues That May Come Up During A Refinance

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Refinancing a home can be a really big task that has the potential to get complicated quickly. There are many different reasons a homeowner might want to refinance from wanting to lower the interest rate on the loan, remove the PMI, or receive an infusion of cash to improve the house. Even in the case of a refinance, an attorney is required for many of the aspects involved with the closing in South Carolina. Contacting a closing attorney early in your refinance process may be beneficial. Let’s take a look at what these issues are and why you might want to call De Bruin Law Firm for assistance during your refinance.

Timeliness

Whether buying a new home or refinancing your existing home, having all of the evaluations and paperwork complete by specific deadlines is essential. What can happen is banks will continue to ask for current paperwork as they push out your refinance up to even 90 days. If your bank is giving you the run around, it could be beneficial to bring in a real estate attorney to protect your investment and time.

Low Appraisal

Receiving a low appraisal can also be a really big problem when refinancing. The appraisal dictates what the bank is willing to do in terms of relieving you of the PMI or cashing out for improvements. There are several steps that can be taken to escalate this problem, which is often why you need to consult with a real estate lawyer.

Negotiations

Having a good attorney on your side means that if things escalate, negotiations need to happen. A real estate lawyer can help avoid disputes and protect the borrower’s rights throughout the process. If you’re thinking about getting your home refinanced contact Bryan De Bruin at the De Bruin Law Firm to handle you closing.

3 Reasons To Hire A Lawyer For Your Commercial Property Purchase

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3 Reasons To Hire A Lawyer For Your Commercial Property Purchase in South Carolina

Buying commercial real estate is one of the most significant financial milestones a business owner or investor can achieve. However, unlike purchasing a residential home—where standardized contracts and statutory provisions like the South Carolina Residential Landlord and Tenant Act provide a predictable framework—commercial property transactions are heavily nuanced, high-stakes investments governed by the doctrine of caveat emptor (“buyer beware”).

In South Carolina, commercial real estate closings must be conducted under the supervision of a licensed attorney pursuant to South Carolina Supreme Court jurisprudence governing real estate transactions. Beyond the legal requirement, commercial deals involve complex state-specific statutes, strict local zoning mandates, intricate financing structures, and multi-layered contract negotiations. Navigating this environment without specialized legal counsel exposes buyers to substantial financial, legal, and operational risks.

Having an experienced South Carolina commercial real estate attorney on your team from the very beginning provides essential strategic advantages and safeguards your financial interests. Here are three key reasons why hiring a real estate lawyer is indispensable when purchasing commercial property in the Palmetto State.

1. Navigating Complexities & Property Unique Details

Commercial transactions are rarely straightforward. Unlike residential real estate, where properties serve similar functions, commercial real estate spans diverse asset classes—including retail plazas, industrial warehouses, office complexes, multi-family units, and mixed-use developments. Each asset class carries its own distinct legal requirements, land-use regulations, and statutory liabilities.

An experienced commercial real estate attorney meticulously reviews every operational detail of the target property to uncover hidden liabilities before they become costly problems.

Environmental Liabilities and Due Diligence

Under federal law, specifically the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9607), property owners can be held strictly, jointly, and severally liable for pre-existing hazardous contamination on their land—even if they did not cause it. At the state level, liability risks are governed under the South Carolina Pollution Control Act (S.C. Code Ann. § 48-1-10 et seq.).

A commercial real estate lawyer will ensure that a proper Phase I Environmental Site Assessment (ESA) is conducted during the due diligence period to satisfy requirements for All Appropriate Inquiries (AAI) under 42 U.S.C. § 9601(35)(B). If potential issues arise, your attorney will draft appropriate environmental indemnification agreements or structure Phase II testing contingencies to ensure you do not inherit millions of dollars in hazardous cleanup liabilities.

Zoning, Land Use, and Restrictive Covenants

A commercial property is only as valuable as your ability to use it for its intended purpose. South Carolina municipalities and counties maintain strict zoning ordinances, parking minimums, signage rules, and occupancy guidelines under local municipal codes enabled by state planning statutes such as S.C. Code Ann. § 6-29-720. Furthermore, many commercial properties are subject to complex Master Deed restrictions or Covenants, Conditions, and Restrictions (CC&Rs).

Your legal counsel will verify that your intended business operations comply fully with local land-use laws, help secure necessary special-use permits or variances, and ensure that no restrictive covenants impair your operational business model.

Tenant Leases and Estoppel Certificates

If you are purchasing a commercial property occupied by existing tenants, you are acquiring existing contract rights and landlord obligations governed by South Carolina Law on Landlord and Tenant (S.C. Code Ann. § 27-33-10 et seq.). Your attorney will perform an in-depth review of every commercial lease agreement, evaluating key clauses such as:

  • Options to Renew or Terminate: Understanding tenant timelines and rights.
  • Tenant First-Right-of-Refusal: Ensuring tenants do not hold prior legal claims to purchase the property.
  • Common Area Maintenance (CAM) Audit Clauses: Preventing future disputes over shared operating expenses.

Additionally, to satisfy S.C. Code Ann. § 27-33-30 regarding notice of leasehold interests, your lawyer will draft and collect Tenant Estoppel Certificates and Subordination, Non-Disturbance, and Attornment (SNDA) Agreements. These legal documents bind existing tenants to their current lease representations, preventing post-closing disputes regarding security deposits, prepaid rent, or alleged landlord defaults.

Title Examination and Survey Review

South Carolina law requires a thorough title examination to deliver clear, marketable title. Commercial title commitments are far more complex than residential ones, often revealing blanket utility easements, shared access/cross-parking agreements, mechanic’s liens filed under S.C. Code Ann. § 29-5-10 et seq., or ancient rights-of-way. Your lawyer will review the title commitment alongside an ALTA/NSPS Land Title Survey to confirm boundary lines, identify encroachments, and ensure that appropriate title insurance endorsements are issued to protect your investment.

2. Strategic Contract Drafting and High-Stakes Negotiations

In commercial real estate, there is no such thing as a “standard contract.” While residential buyers often rely on pre-printed forms, commercial Purchase and Sale Agreements (PSAs) are custom-tailored legal instruments where virtually every clause, line item, and contingency is negotiable under general South Carolina contract principles.

Because commercial deals involve substantial capital, negotiations can quickly become intense, technical, and emotionally charged. Engaging an experienced real estate attorney gives you an expert advocate who combines deep legal knowledge with objective business judgment.

Customizing the Purchase and Sale Agreement (PSA)

A boilerplate contract rarely protects a buyer’s unique strategic interest. Your attorney will draft or aggressively revise the PSA to ensure critical buyer protections are included, such as:

  • Feasibility & Due Diligence Periods: Ensuring adequate time to inspect the physical building, review financial records, perform soil tests, and evaluate market viability without risking your earnest money deposit.
  • Comprehensive Representation and Warranties: Requiring the seller to legally warrant that there are no pending lawsuits, undisclosed structural defects, code violations, or unrecorded liens.
  • Financing & Appraisal Contingencies: Protecting your earnest money deposit if commercial lending terms shift unexpectedly or if the property fails to appraise at purchase price.

Third-Party Legal Buffer and Fiduciary Duty

When large investments are on the line, negotiations can easily break down over technical disagreements regarding repair credits, closing timeline extensions, or liability allocations. Attempting to negotiate these legal nuances directly with a seller or their legal counsel can jeopardize the deal or force you into unfavorable concessions.

Your commercial real estate lawyer acts as an essential professional buffer. Bound by a strict fiduciary duty under the South Carolina Rules of Professional Conduct (SCACR Rule 407), your attorney will approach negotiations dispassionately, leveraging legal expertise, local precedent, and contract law to negotiate terms that maximize your commercial advantage while preserving the deal.

3. Comprehensive Risk Mitigation and Financial Protection

The fundamental purpose of commercial legal counsel is to identify, allocate, and eliminate risk. Unlike residential tenants governed by statutory protections, commercial entities operate under freedom-of-contract principles. South Carolina courts generally enforce commercial contracts strictly as written, meaning that ambiguous phrasing or omitted protections will rarely be excused by a judge after closing.

An attorney systematically mitigates transaction risks to ensure your long-term financial security.

Commercial Financing and Consumer/Commercial Protections

Securing commercial financing involves navigating complex loan documents, including Promissory Notes, Mortgages, Personal Guarantees, and Assignment of Leases and Rents. While residential credit accounts enjoy statutory loan attorney selection rights under S.C. Code Ann. § 37-10-102, commercial lending arrangements are governed by strict commercial contract standards.

Your attorney will review loan packages to identify onerous terms, such as harsh prepayment penalties, restrictive financial covenants, or overly broad cross-default provisions. If you are forming a joint venture or utilizing private equity, your attorney will also structure partnership operating agreements to ensure clear governance, profit-sharing, and exit strategies.

Entity Formation and Asset Protection

Purchasing commercial real estate in your individual name or through an improperly structured entity exposes your personal assets to immense legal liability. A commercial real estate attorney will advise you on the optimal legal structure for your acquisition—such as a Limited Liability Company under the South Carolina Uniform Limited Liability Company Act (S.C. Code Ann. § 33-44-101 et seq.).

By properly drafting internal Operating Agreements and establishing legal corporate separation, your attorney ensures that liability arising from property accidents, tenant disputes, or structural issues remains contained within the property-owning entity, protecting your personal estate and other business assets.

Streamlining the Closing Process

Commercial closings in South Carolina involve dozens of moving parts: coordinating lender requirements, clearing title exceptions, reviewing settlement statements, verifying prorations for property taxes and tenant rents, and satisfying local recording requirements.

A single error or delay in the closing package can result in missed contract deadlines, financial penalties, or voided loan commitments. Your attorney manages the entire closing workflow, ensuring that title deeds, bills of sale, transfer tax affidavits under S.C. Code Ann. § 12-24-10 et seq., and closing disclosures are executed flawlessly and recorded correctly in the county register of deeds.

Protect Your Investment with Palmetto State Expertise

Purchasing commercial real estate in South Carolina presents lucrative opportunities, but it also carries significant financial and operational exposures. Attempting to navigate property inspections, complex tenant lease agreements, municipal zoning codes, and custom contracts without dedicated legal representation leaves your capital vulnerable.

A qualified South Carolina commercial real estate attorney serves as your strategic partner—handling intricate property details, negotiating favorable contract terms, and insulating your investment from long-term legal exposure.

Whether you are acquiring a single retail location, expanding an industrial portfolio, or negotiating a multi-million-dollar mixed-use contract, our firm provides expert legal guidance across every phase of your transaction. 

Contact our South Carolina commercial real estate team today to schedule a consultation and secure the protection your transaction deserves.

Last Updated: September 2026

Should You Hire An Attorney Before Buying A Home?

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A home is one of the highest dollar purchases that any person will make in their lifetime. Especially the first time you buy a home, the process can be quite overwhelming. It’s hard enough to choose a real estate agent, find a home, make an offer, and survive the inspections and negotiations that will follow.

Then, on closing day, you sit down at the table and look at an intimidating stack of paperwork on which you’ll have to sign your name. The legal implications of buying any type of real estate cannot be overstated. Many people wonder whether or not they should enlist the services of a closing attorney before they sign on the dotted line. In South Carolina, an attorney is required to handle and or supervise many aspects of a real estate closing.

South Carolina’s Mandate: Why an Attorney Is Legally Required

Unlike many states where real estate transactions can be closed entirely by title companies or escrow agents, South Carolina takes a distinct legal stance. Under South Carolina law, real estate closings are explicitly designated as the practice of law. This rule stems from landmark rulings by the South Carolina Supreme Court, which affirmed that key aspects of a real estate transaction—such as title examinations, drafting legal conveyance documents, and overseeing the closing process—require the direct supervision of a licensed attorney.

While real estate agents assist with negotiating contracts and finding properties, they are legally prohibited from providing legal advice or drafting legal instruments beyond filling in standard, pre-approved contract forms. Attempting to navigate a property purchase without an attorney isn’t just risky in South Carolina; a transaction cannot officially close without a licensed attorney of record overseeing the proceedings and signing off on the legal documentation.

Engaging an attorney early in the process—rather than right before closing—ensures that your legal representative actively protects your interests throughout every stage of the transaction. From reviewing the initial contract terms to verifying clear title ownership, having dedicated counsel guarantees that all legal mandates established by the state are thoroughly satisfied while safeguarding your monetary investment.

Essential Services Provided by a South Carolina Real Estate Attorney

A real estate attorney in South Carolina does far more than simply sit at the table on closing day to collect signatures. They serve as your legal advocate, performing several critical functions behind the scenes throughout the transaction:

  • Contract Review and Negotiation: Real estate purchase agreements are binding legal contracts with significant financial and legal implications. An attorney reviews the contract terms, contingency deadlines, repair clauses, and buyer default provisions to ensure your rights and financial interests are protected before you sign.
  • Comprehensive Title Examination: One of the most vital tasks an attorney performs is examining the public property records to establish clear ownership. The attorney identifies potential title defects, outstanding mortgages, tax liens, municipal assessments, mechanics’ liens, or boundary disputes that could impact your property rights.
  • Title Insurance Procurement: Based on the title examination, your attorney works with title underwriters to issue owner’s and lender’s title insurance policies. These policies protect you against hidden title defects, unrecorded liens, or legal challenges to your ownership that might arise in the future.
  • Preparation of Legal Closing Documents: Your attorney drafts and reviews all necessary legal paperwork, including the deed, bill of sale, affidavits, closing disclosures, and loan documents required by your mortgage lender.
  • Disbursement of Funds and Recording: At closing, the attorney acts as the escrow manager, receiving and safely disbursing funds to pay off existing loans, commissions, property taxes, and seller proceeds. Following closing, the attorney ensures the deed and mortgage are properly recorded in the county land records to legally finalize your ownership.

Potential Risks and Pitfalls of Proceeding Without Early Legal Representation

While buyers often interact with their chosen attorney closer to the settlement date, delaying legal counsel until the final stages of a transaction exposes you to preventable risks and unexpected complications.

  • Unfavorable or Vague Contract Terms: Standard real estate forms are designed to cover general transactions, but they frequently fail to address specific property conditions, custom contingencies, or unique buyer situations. Signing an agreement without legal review can trap you in restrictive deadlines or expose you to forfeiture of your earnest money deposit if issues arise.
  • Unresolved Title Defects and Clouded Ownership: Discovering title defects—such as undisclosed heirs claiming ownership, ambiguous property boundary lines, or unpaid tax liens—right before closing can delay settlement or cause a deal to collapse. Involving an attorney early allows ample time to cure title issues long before key financing and moving deadlines arrive.
  • Complexities with Homeowners Associations (HOAs) and Covenants: Many properties in South Carolina, particularly coastal and planned community developments, are governed by strict Homeowners Association covenants, restrictions, and bylaws. An attorney evaluates these governing documents to alert you to special assessments, leasing restrictions, or architectural limitations before you commit to the purchase.
  • Boundary, Easement, and Zoning Conflicts: Issues involving shared driveways, utility easements, or zoning non-compliance can diminish a property’s value and restrict your intended usage. A real estate attorney reviews surveys and local land-use laws to verify that the property can be legally used for your intended purposes.

How to Choose the Right Real Estate Attorney in South Carolina

Selecting the right attorney is a vital decision when buying real estate in South Carolina. Because real estate law involves specific local practices, regulations, and county recording procedures, you want a representative who brings both general expertise and localized knowledge to your transaction.

When evaluating potential real estate attorneys, consider the following key factors:

  1. Local Market and Real Estate Experience: Look for an attorney whose practice primarily focuses on real estate transactions within the specific county or municipality where you are buying. Local experience ensures familiarity with regional title issues, local HOA practices, and county recording offices.
  2. Clear and Transparent Fee Structures: Real estate attorneys typically charge either a flat closing fee or an hourly rate for legal services. Request an itemized fee schedule upfront detailing attorney fees, title search fees, administrative costs, and title insurance premiums so there are no surprises at closing.
  3. Proactive Communication and Accessibility: Smooth real estate closings require prompt communication among buyers, realtors, lenders, and sellers. Choose an attorney whose office is responsive, easily reachable, and committed to keeping you informed of key milestone dates throughout the closing process.
  4. Lender Approval Status: Most mortgage lenders maintain lists of approved closing attorneys. Before retaining counsel, verify that your prospective attorney is on your lender’s approved list to avoid delays in processing your mortgage loan documents.

Your Real Estate Agent Is Inexperienced

On one hand, real estate contracts have become very standardized. An experienced real estate agent will have gone through the process many times, and they’ll be able to explain each step of the legal process in terms you can understand. However, all real estate agents have to start somewhere, and it’s possible that you’re working with an agent that’s only sold one or two other homes before yours. In this case, it’s probably a good idea to consult with a real estate attorney just to make sure the paperwork is in order and your rights are being duly protected.

Investigating Title Issues

One document you’ll be asked to review during the home buying process is the title report. This is a “written analysis of the status of title to real property, including a property description, names of titleholders and how title is held (joint tenancy, etc.), tax rate, encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due.” These documents can be quite convoluted and if there’s anything you don’t understand completely, it’s a good idea to get the professional opinion of a real estate attorney.

There Are Special Circumstances Involved

Not two real estate transactions are exactly the same. If you’re in a situation where there will be multiple owners, strange HOA requirements, or the condominium association from which you’re buying is involved in current litigation, it’s very important to make sure you’re not getting involved in something illegal. Failure to do so could forfeit your rights in unforeseen ways.

Hiring De Bruin law firm as your real estate attorney can provide peace of mind in any situation involving the buying and selling of property. Contact us for a consultation today.

Last Updated: September 2026

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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