Taylors, SC Real Estate Lawyers

The real estate market in Taylors, South Carolina, is a direct reflection of the Upstate’s vibrant growth. Positioned conveniently along the Wade Hampton Boulevard corridor and minutes from Greenville, Taylors offers a unique blend of established neighborhoods and new development. Whether you are purchasing a family home, selling a long-held property, or investing in a commercial venture, each transaction involves a substantial financial commitment and a series of complex legal steps.

Why an Attorney is Required for South Carolina Real Estate Transactions

A significant legal distinction sets South Carolina apart from many other states. The South Carolina Supreme Court has ruled that a licensed attorney must supervise all real estate closings. This is not merely a recommendation but a legal mandate designed as a fundamental protection for the public. It ensures that a qualified legal professional, who is bound by ethical duties to their client, oversees the entire process.

The role of a real estate lawyer in Taylors extends well beyond simply attending the closing. An attorney is involved from the very beginning to protect your legal and financial interests. This involvement includes several key responsibilities:

Contract Drafting and Review: Before any documents are signed, your attorney will draft or meticulously review the purchase agreement. This review is designed to identify ambiguous language, unfavorable clauses, or potential risks that could affect you down the road.
Thorough Title Examination: The attorney is responsible for conducting or supervising an exhaustive search of the property’s public records. This process is meant to confirm that the seller has the legal right to transfer the property and to uncover any hidden issues that could threaten your ownership.
Negotiation of Terms: If the contract or inspection reports reveal issues, your attorney acts as your advocate. They can negotiate on your behalf regarding repair requests, price adjustments, closing timelines, or other important contingencies.
Coordination and Closing Supervision: Your lawyer coordinates with all parties involved—the other party’s attorney, real estate agents, lenders, and surveyors—to ensure a smooth process. At the closing table, they explain the significance of each document you sign and ensure the legal transfer of the title and the proper disbursement of all funds.

Engaging legal counsel from the outset prevents last-minute complications and ensures that your rights are protected at every stage of the transaction.

A Guide to the Residential Home Buying Process

For most people, purchasing a home is the single largest financial investment they will ever make. The process can feel overwhelming, but a systematic approach guided by a knowledgeable attorney can bring clarity and confidence. While each transaction has its own unique details, the residential home buying process in Taylors generally follows a clear path.

The Purchase Agreement: After a buyer and seller agree on a price and basic terms, a formal contract is prepared. This document outlines every detail of the sale, including the price, closing date, items included with the home, and any contingencies. It is vital that an attorney reviews this legally binding document before you sign it.
The Due Diligence Period: Once the contract is signed, the buyer has a specified period to conduct thorough inspections. This is a critical phase where you can learn about the true condition of the property. Common inspections include a general home inspection, a CL-100 (Wood Infestation Report), a radon test, and a property survey to identify boundary lines.
Repair Negotiations: Based on the inspection findings, the buyer may submit a repair request to the seller. An attorney can be instrumental in negotiating these requests to ensure necessary repairs are completed or that you receive appropriate concessions.
Title Search and Insurance: During this time, your attorney performs the title search. Lenders require a title insurance policy to protect their interest, but it is highly recommended that buyers also purchase an owner’s title insurance policy. This one-time premium protects your equity from hidden title defects that could surface years after you own the home.
The Closing: Your attorney coordinates with the lender to prepare the final closing statement and all necessary legal documents. At the closing, you will sign papers such as the deed, mortgage, and promissory note. The attorney ensures all documents are correctly executed, recorded with Greenville County, and that you receive the keys to your new home.

Key Clauses in a South Carolina Real Estate Contract

The purchase agreement serves as the cornerstone document for the entire real estate transaction. A meticulous legal review of its clauses is absolutely essential to safeguard your rights and clearly delineate your obligations as either a buyer or a seller. A seasoned Taylors real estate lawyer will devote close attention to several pivotal provisions within this agreement to ensure a smooth and protected transaction.
One crucial element is the Financing Contingency. This clause acts as a vital safeguard specifically designed for the buyer. It grants you the explicit right to terminate the contract without incurring any financial penalty if, for any legitimate reason, you are unable to secure a mortgage loan on the exact terms and within the specific timeframe that have been mutually agreed upon in the contract. This prevents buyers from being bound to a purchase they cannot finance.
Equally important is the Appraisal Contingency. Lenders, as a standard practice, will never loan more money than a property is officially appraised to be worth. This contingency empowers a buyer to either renegotiate the agreed-upon purchase price with the seller or, if necessary, to terminate the agreement entirely if the home’s official appraisal value comes in lower than the price stipulated in the contract. This protects buyers from overpaying and ensures lenders are not exposed to excessive risk.
The Inspection Contingency is another non-negotiable provision. This clause grants the buyer the undeniable right to have the property thoroughly inspected by qualified professionals. Based on the comprehensive results of this inspection, the buyer is then entitled to request that the seller undertake necessary repairs for any significant defects discovered, or, if the defects are substantial and unresolved, to withdraw from the contract without penalty. The precise terms and the established timeline for this critical inspection process are of paramount importance and must be clearly defined within the agreement.
The contract must explicitly address Closing Costs and Prorations. This section must unequivocally state which party—buyer or seller—is responsible for paying specific closing costs, which typically include attorney fees, title insurance premiums, and recording fees. It also meticulously details how property taxes and any Homeowners Association (HOA) dues will be fairly prorated between the buyer and seller as of the exact closing date, ensuring a just distribution of ongoing expenses.
The section concerning Fixtures vs. Personal Property is designed to prevent common disputes. This segment of the agreement specifically clarifies and defines which items are considered an intrinsic part of the real estate and are therefore included in the sale. Disputes can very easily arise over items such as kitchen appliances, shelving units, decorative light fixtures, or even window curtains if their inclusion or exclusion is not unequivocally and explicitly defined within the agreement. Clear delineation here is key.
The Remedies for Default clause outlines the precise consequences and available courses of action should either the buyer or the seller fail to uphold their respective contractual obligations. It meticulously specifies the remedies that can be pursued, which could range from the forfeiture of earnest money by the defaulting party to the initiation of a lawsuit to legally compel the completion of the sale by the non-defaulting party. This provision ensures accountability and provides recourse in case of a breach.

Managing Complex Commercial Real Estate Matters

Commercial real estate transactions in Taylors involve properties intended for business purposes, such as retail spaces, office buildings, or industrial sites. These deals often have higher financial stakes and a greater degree of legal complexity than residential purchases. An attorney with a focus on commercial real estate provides guidance on several important areas.

Zoning and Land Use: Before buying a commercial property, you must confirm that its current zoning designation with Greenville County allows for your intended business operations. An attorney can research local ordinances and assist with applications for rezoning or special exceptions if needed.
Commercial Lease Agreements: For business owners and investors, commercial leases are intricate documents. An attorney can draft or review these agreements, negotiating terms related to rent escalations, maintenance responsibilities (such as in a triple net lease), permitted uses of the property, renewal options, and remedies for default.
Environmental Due Diligence: Commercial properties carry a risk of environmental contamination from past use. Legal counsel helps coordinate Environmental Site Assessments (often called Phase I or Phase II ESAs) to identify potential liabilities before a purchase is finalized.
Business Entity Formation: Many commercial properties are acquired through a business entity, such as a Limited Liability Company (LLC), to provide the owners with liability protection. A lawyer can advise on the appropriate business structure and review the complex loan documents associated with commercial financing.

Resolving Common Title Defects

A “clean” title is fundamental to a secure real estate transaction. A title search sometimes reveals defects, also known as “clouds on title,” that must be resolved before the property can be sold. Failure to address these issues can lead to significant legal and financial problems in the future.

What are some frequent title issues?

Outstanding Liens: A lien is a legal claim against a property for an unpaid debt. Common examples include mechanics’ liens from unpaid contractors, judgment liens resulting from lawsuits, or state and federal tax liens. All liens must be paid and legally satisfied before the title can be cleared.
Easements and Encroachments: An easement gives another party the legal right to use a portion of the property for a specific purpose (e.g., a utility company’s right to access power lines). An encroachment occurs when a structure from a neighboring property, such as a fence or a shed, illegally extends onto the property being sold.
Errors in Public Records: Simple clerical or filing errors at the county recorder’s office can create serious title problems. These might include an incorrect property description in a past deed or a mortgage that was paid off but never properly recorded as satisfied.
Unknown Ownership Claims: A thorough title search can sometimes uncover previously unknown parties who may have a legitimate ownership claim to the property. This can include undisclosed heirs from a prior owner or a former spouse who never signed off on a sale.

An experienced real estate attorney can analyze these defects and work to resolve them. This may involve negotiating the release of a lien, correcting errors in the public record, or, in more complex cases, filing a legal action known as a “quiet title” lawsuit to obtain a court order that resolves the ownership dispute.

When Real Estate Disputes Arise

While the goal is always a smooth and amicable transaction, disagreements can occur. When they do, having legal representation is paramount to protecting your rights and investment.

Common real estate disputes in South Carolina include:

Breach of Contract: This happens when one party fails to fulfill their obligations under the purchase agreement. Examples include a buyer who fails to close on time or a seller who refuses to make agreed-upon repairs.
Failure to Disclose: South Carolina law requires sellers of most residential properties to provide buyers with a detailed property condition disclosure statement. If a seller knowingly conceals a significant defect, such as a leaky roof or a cracked foundation, the buyer may have legal recourse after the sale.
Boundary Line Disputes: Disagreements between neighbors over the exact location of property lines are common. A property survey and legal counsel are often needed to interpret deeds and resolve these issues.
Landlord-Tenant Issues: Disputes can arise over lease terms, the handling of security deposits, maintenance responsibilities, or eviction procedures. An attorney can advise both landlords and tenants on their rights and obligations under the South Carolina Landlord and Tenant Act.

Protect Your Taylors Real Estate Investment

Real estate transactions in Taylors are built on detailed processes and legally significant documents. Having skilled legal counsel on your side can be the difference between a successful closing and a costly, prolonged dispute. The attorneys at De Bruin Law Firm are committed to providing thorough and diligent representation for clients throughout the Upstate. We manage contract reviews, negotiations, closings, and dispute resolution for all types of residential and commercial properties.

If you are buying, selling, or leasing real estate in Taylors or the surrounding communities, we invite you to consult with our team. Contact us today at (864) 982-5930 to schedule a confidential consultation to discuss your needs and learn how we can help protect your investment and provide you with peace of mind.