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South Carolina Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for South Carolina on
Q: Does a credit card company have to provide credit denial explanation in detail, and in writing when requested?

I applied for a credit card with a company that had closed my account previously during COVID 19. One of the reasons for denial on the denial letter stated I was denied because I did not meet that company expectations for account usage on a previous account. I requested they explain what activity... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 17, 2022

No, it does not have to provide you detailed reasoning in writing.

1 Answer | Asked in Contracts for South Carolina on
Q: Suicide in car do I have to let it be known when selling it(car has been professionally cleaned)? South Carolina
Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2022

This is an interesting question. The common law rule on contracts is that any party to a contract has a legal duty to disclose to the other party any fact that would materially affect that party’s decision to enter into an agreement. For example, as a personal matter, I would not purchase a... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for South Carolina on
Q: is there a maximum age one can be called for jury duty in south carolina?

i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?

Timothy Denison
Timothy Denison
answered on Jun 22, 2022

No. No maximum age. You can be called again.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: Am I going to lose my current job?

I had an employment agreement with a company but my situation changed before I was ever officially slated to start and I had to back out of the contract. The employer told me on a phone call that he would void the contract and that he would move on to other candidates. A month later I found a... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 17, 2022

You would need to reach out directly to a South Carolina employment lawyer for a review of the contract in more detail.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for South Carolina on
Q: Do we have any rights as a renter for what we considered false advertisement?

We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us... Read more »

D. Nathan Davis
D. Nathan Davis
answered on Apr 18, 2022

The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: Does for sale by owner real estate transactions require an attorney in SC?

The buyer wants to have a letter notarized that she will be buying the home and is giving money to the seller to do so. She is unable to complete the entire transaction due to time constraints at the moment and would like to know if the notarized letter will hold up in court.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 30, 2021

It does not sound like the so called buyer is actually buying anything. Land is usually transferred between living bargainors by Deed and there are several statutory requirements for a Deed to be recorded and enforceable. She needs to hire a competent SC attorney and forget about the notarized... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for South Carolina on
Q: My landlord emailed me my lease on 10/15/20 but there is not dates on the lease. it states it’s a 12 month lease. valid?
Ryan Schmidt
Ryan Schmidt
answered on Nov 2, 2020

Generally speaking, if both parties signed it and there is other evidence available of when it was signed and returned (emails, metadata, etc.) it is likely valid for 12 months from the date of signing. Alternatively, if there is a date block on the signature line, that date may be used. Lease and... Read more »

1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: How much is a company owed when they were unable to complete the duties of a $10,000 contract?

Suppose you own a graphics design company, BIG Designs, that designs and installs advertisements and billboards. Back in January 2020, you were very excited to sign a $10,000 contract with the city to publicize a series of concerts in the parks. The ads and billboards would be installed in March to... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 15, 2020

Did the contract have a clause excusing performance (payment) by the city if certain events occurred such as Acts of God? See counsel for an analysis of the terms of the contract which may excuse the city or which my require them to pay regardless of a particular event.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 15, 2020

Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.

Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the...
Read more »

1 Answer | Asked in Contracts, Foreclosure, Banking and Mergers & Acquisitions for South Carolina on
Q: What does GMAC, WVMF Funding, or RECAP have to do with this case?

Does it have something to do with the mortgage crash in 2008 through 2010?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2020

A South Carolina attorney could best advise, but your post remains open for five weeks. It's possible something inadvertently got left off in uploading your post - a case is not mentioned. Not every question is picked up, but you could try reposting, including the name of the case. Good luck... Read more »

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: What is statue of limitations on breach of an employment contract by the employer?
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Mar 27, 2020

The statute of limitations for breach of contract claims, including employment contracts, is three years in SC.

1 Answer | Asked in Contracts for South Carolina on
Q: We made a reservation at a hotel in Panama City Beach, Florida for mid April. Covid19 virus has closed the beach, bars.

The owner says we cannot get a refund because we did not purchase insurance. Our reply was that it's not our fault that everything has closed down and we intended on being there until the virus pandemic hit. We are not at fault neither is the hotel but what kind of vacation would it be when... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 24, 2020

Unless the hotel itself closes or otherwise does something that makes it impossible for you to stay there you will be unsuccessful suing the hotel. The room rate you paid is not contingent on the beaches in the area being open.

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: can a homeowner sue a contractor if the homeowner has never paid anything ?

Completed two repairs on clients home. He has never paid for either and now is trying to sue me in civil court??

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2020

More information is needed, such as if the suit is based on valid damages resulting from a breach. One option is to try to arrange a quick consult with a South Carolina attorney who handles contract matters to review the papers. Good luck

Tim Akpinar

1 Answer | Asked in Contracts for South Carolina on
Q: I lent someone 4k. he paid back all but 1800. ive got it on file with the county but he moved to NY after.

we had a written agreement of repayment. I filed it with the magistrates court locally and won the settlement. he was ordered to pay the money. i attempted to have the sheriffs office so a search and seizure but the debtor has moved to new york. Is there anything i can do now or am i just out the... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Mar 6, 2020

You can file that Judgment in the location where he has moved but you will need to contact an attorney in that area to assist you in the process of filing the judgment and collecting the money.

2 Answers | Asked in Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I purchased a home on foreclosure and months have passed but the bank still hasn't issued a title or deed to the house

how long the bank have to issue title without me getting some interest on the money I spent to purchase the house

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 23, 2019

Unless South Carolina is different from other states the deed was created on the day you closed on the purchase. There is no specific time-period for the lender to send you the deed. Call the local county clerk's office and ask if they can help you find a copy of the new deed in their official... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Business Law for South Carolina on
Q: Is a photographer required to refund a deposit if the session is cancelled d/t inclement weather? Mine refuses.

She says no refunds. Alternatively she has offered to notify me of future scheduled sessions. They’re few and far between.

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2019

It could depend on the terms of the underlying agreement between you and the photographer, in particular, what is said about the deposit. If that point is not addressed, it could be open to debate. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Landlord - Tenant for South Carolina on
Q: Need help regarding lease with two others that do not pay their rent.

In a year long lease with two others that is joint and severely. I have paid my rent on time and in full for the existing 6 months yet my two roommates are continually late on payments and have accrued late fees and bounced check fees on our account. About 2 month ago after they accrued a balance... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Dec 4, 2019

If you are jointly and severally liable for the entire rent you have very limited options other than catching up the back rent and fees in order to stay in the property. Otherwise the eviction will likely go forward. Take a copy of the lease to an attorney and they might be able to give you some... Read more »

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Carolina on
Q: My dad bought a used camper—no written contract—& learned that the walls were rotted out. Too bad, right?

Purchase was from private individual.

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2019

A South Carolina attorney could advise you in the best manner, but your question remains open for two weeks. But as a general matter in most any jurisdiction, the recourses would be limited. It's a private sale sealed over a handshake, no warranties, and no contract. Don't beat yourself... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Legal Malpractice for South Carolina on
Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?

My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 17, 2019

I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.

On the other hand, if everything you say is 100% true your best option is to report your lawyer...
Read more »

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