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South Carolina Contracts Questions & Answers
0 Answers | Asked in Contracts for South Carolina on
Q: I am buying a camper we have a contract I paid for a year and then he died, what happens now?

He made verbal promises to me and my aunts.

0 Answers | Asked in Contracts for South Carolina on
Q: Can a dealership cancel a signed contact after the 7 day window that is listed within the contract?

I bought and signed paperwork for a car from a larger dealership on March 8th. It is now March 19th and the dealership is telling me that the bank is rejecting it. Within the contract I signed it says they have seven calendar days to cancel the agreement (contract). Today marks day eleven after... View More

Q: Am I covered by the law with my owner financing agreement/ rent to own agreement? Contract signed by buyer/tenant

My contract states " Landlord does not warrant the quality or adequacy of the utilities or services specified above, nor

does Landlord warrant that any of the utilities or services specified above will be free from interruption caused by repairs, improvements, or alterations of the... View More

0 Answers | Asked in Contracts and Real Estate Law for South Carolina on
Q: Can my husband and I back out of buying a home? We signed electronically today, but told the seller we changed our mind.

Seller is a new home builder. We gave a check for $10K earnest money, but have stopped payment with our bank. They are threatening to sue for the $10K.

1 Answer | Asked in Contracts for South Carolina on
Q: I am considering selling my family home to an "as is" company. Who can help me understand the contract?
Tim Akpinar
Tim Akpinar
answered on Mar 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. With the brief Q & A format here, it could be difficult for attorneys to review a contract. Something like that would usually require a consult. There is a section here, "Find an Attorney,"... View More

1 Answer | Asked in Civil Litigation and Contracts for South Carolina on
Q: If given a phone by an individual that passes away before credit balance was paid in full, what happens to the phone?

The credit card is only in the name of the deceased.

James L. Arrasmith
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answered on Jan 25, 2024

In the situation you've described, where a phone was given to you by someone who has since passed away, and the phone's credit balance is unpaid, there are a few considerations under South Carolina law. First, the responsibility for the unpaid balance typically falls to the estate of the... View More

2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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1 Answer | Asked in Contracts and Civil Litigation for South Carolina on
Q: Can a third party monitoring service change the daily and bi-weekly rate at each scheduled appointment?

When enrolled in the program my partner was given a daily fee of $7.55 or $52.85 weekly or $105.70 bi-weekly. And he's in a program that is for Greenville and Spartanburg county residents only. But he's a Berkeley county resident. He's now paying up to $200 bi-weekly. They do not... View More

Roy Willey
Roy Willey
answered on Jan 2, 2024

This would be dependent upon the actual agreement or contract he signed. Some contracts allow for variations in pricing due to market conditions, etc. Some do not. So it just depends what he signed and agreed to at the time of initiation of the relationship. He may also have a cancellation... View More

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for South Carolina on
Q: My storage unit was broken into through the inside,the unit next to mine was rented and they broke the walls.

The property manager said the cameras weren’t working at the time of the robbery but the district manager said they do work they need the monitors fixed. I haven’t received any updates or anything from the public storage. They haven’t fixed the walls that were damaged in the unit either.... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

You should make a claim on your insurance for the value of the stolen items. Your insurance company will be subrogated to any lawsuit you may file. If the thieves are identified, you likely have a very good lawsuit against them, but they may not have any non-exempt assets to satisfy any judgment... View More

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: How to get deed from property I bought from individual. Paid it off she wouldn't sign over.i got agreement we wrote down

The agreement wrote on paper was I pay off the loan she used the property as collateral for. I pay taxes etc. It was like a rent to own deal.

Anthony M. Avery
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answered on Jul 3, 2023

Hire a SC attorney to sue for breach of contract. Otherwise you will never get a Deed. And you could be foreclosed on or subject to a tax sale at any time.

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: Can I fire a general contractor? What are the consequences?

No contract for job. Incomplete and shoddy work. Taking too long to complete. Asking for money and has never presented us with an invoice or an accounting of what has been paid. Now asking for $10k. This may turn into a civil lit/contract law situation

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Although you do not have a written contract, presumably you do have a verbal contract, which is the verbal agreement for the work to be done and the compensation to be paid. It would be a good idea to preserve all of your evidence now, as you noted, it may turn into a civil litigation/contract... View More

1 Answer | Asked in Contracts and Business Law for South Carolina on
Q: Can I cancel a contract for a full refund of the purchase made in Orlando FL for a deeded Time Share in Myrtle Beach, SC

The Purchase was made in June of 2021

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

There is only a 5 day unilateral right of rescission for the purchase of South Carolina timeshares under the SC Timeshare Act. However, you should consult with a Timeshare Attorney regarding exit options, as there may be options that exist to assist you in divesting yourself of your timeshare... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for South Carolina on
Q: Can I get a down payment back on a car if I never took the car from the lot

I put a down payment on a vehicle and signed the paperwork but the car dealership created a fake driver’s license for me to get licensing which is what has made me not want the vehicle after concentration he kept telling me it’s legal and I wouldn’t get into trouble which is the only reason I... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 23, 2023

My initial answer is yes, you should get your money back. Even though you signed the contract, you never took possession of the vehicle. The reason should not be an issue. You never took delivery of the vehicle so one of the conditions to make the contract never occurred.

Another...
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1 Answer | Asked in Estate Planning, Contracts, Civil Litigation and Probate for South Carolina on
Q: How can I get an appointed attorney for a person with mental disabilities and poor. Trustee is stealing his money.

The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.

1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Hi, dear lawyers, I have a concern wondering if it could be made a case or not against toyota misleading.

I went to Toyota dealer and asked about a specific vehicle that is showing online that it’s in transit, so after checking the salesman said that it would arrive on Thursday 29th of Dec, so I went ahead and sold my vehicle on Tuesday the 27Th and got a rental till the 29th and put a deposit 1000$... View More

D. Nathan Davis
D. Nathan Davis
answered on Jan 3, 2023

Legally, you may have a case against the dealer. The case is likely not worth pursuing using an attorney. The reason is that the damages you have suffered are minor. You can buy a different vehicle and mitigate your damages. A lawsuit is an expensive thing to pursue and any recovery is likely... View More

1 Answer | Asked in Contracts for South Carolina on
Q: Can you a sue manufactured home company for taking to long to set up home?
Tim Akpinar
Tim Akpinar
answered on Jan 13, 2023

A South Carolina attorney could advise best, but your question remains open for five weeks. It could depend on the terms of the contract. A local attorney could advise meaningfully if they reviewed the contract with you. Good luck

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... View 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... View 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... View 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.

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