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South Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Divorce and Real Estate Law for South Carolina on
Q: Can divorce-awarded house qualify for refinancing under Garn St. Germain Act in SC?

I was awarded the house in my divorce settlement in South Carolina, but I'm facing difficulties refinancing with my current mortgage company. Can the Garn-St. Germain Act be applied in this situation to help me qualify for refinancing or mortgage assumption?

0 Answers | Asked in Real Estate Law and Business Law for South Carolina on
Q: How to update HOA bylaws to address parking issues with non-residents in SC?

I am the president of a small (5-unit) HOA, and our bylaws have not been updated since 2006. We are addressing parking rights, which are not specified in the current bylaws. A tenant has offered a parking spot to a friend who does not live on the premises, and I am concerned about liability and... View More

0 Answers | Asked in Real Estate Law and Gov & Administrative Law for South Carolina on
Q: Can law enforcement in SC impound a vehicle without a notice sticker?

I am in the process of purchasing a truck that is currently parked at a public boat landing in Oconee County, SC. The current owner has left it there, and it lacks proper tags. Can law enforcement legally impound the vehicle if it doesn't have a legal notice sticker?

0 Answers | Asked in Business Law, Contracts and Real Estate Law for South Carolina on
Q: Is it legal for a seller to mandate a property management contract in SC?

Is it legal in South Carolina for the seller or the listing agent of a rental condo to require a buyer to sign up for two years of property management with their preferred management company, especially when the on-site management company takes 40% of the condo owner's net revenue? There are... View More

0 Answers | Asked in Agricultural Law, Real Estate Law and Civil Litigation for South Carolina on
Q: Can my mom sell shared property without my consent in SC?

My mom and I own 80 acres of land. My name is on the deed, and my late father signed his half over to me in 2013. Recently, my mom sold half of the property without my signature or notice. I was told both owners need to sign to authorize a sale unless it's for their individual share. How is it... View More

0 Answers | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for South Carolina on
Q: Can I sue for home improvements/money put into ex's home in SC?

I previously lived with my ex and contributed money toward his home, including sending money to catch up on the mortgage and paying for home improvements. We made these contributions around April 1, 2024, but had no written agreement. He is now selling the home for a large profit, and we no longer... View More

1 Answer | Asked in Family Law, Civil Litigation, Landlord - Tenant and Real Estate Law for South Carolina on
Q: How to address unauthorized use of property by a family member in SC?

My grandfather passed away and willed everything, including property, to my son. After probate, the land was transferred to our name. The deceased’s stepdaughter, who was not included in the will and has no lease agreement, is living in a rundown trailer deep in the woods without power. She used... View More

Anthony M. Avery
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answered on Mar 6, 2025

You need a SC attorney to sue her for possession (so called eviction). It will be a difficult one to serve and execute your judgment, so do not do this yourself.

0 Answers | Asked in Divorce, Domestic Violence, Family Law and Real Estate Law for South Carolina on
Q: How to retrieve personal belongings and assets from spouse in SC?

I am a legal resident of South Carolina, and my husband is currently incarcerated for CDV of a high and aggravated nature. While he is under a no-contact order and awaiting a bond hearing on the 11th, I want to serve him papers to keep him away when he is angry. Before that, I wish to retrieve my... View More

0 Answers | Asked in Contracts and Real Estate Law for South Carolina on
Q: Is a lease-to-own contract a sale upon agreement or execution?

I have questions about a lease-to-own contract that allows for purchase within 6 months, assuming certain conditions are met. The agreement stipulates that on-time rent payments are necessary, and these include a sum of money intended to go toward the purchase price, which would be forfeited if the... View More

0 Answers | Asked in Estate Planning, Probate and Real Estate Law for South Carolina on
Q: What happens to the mortgage when my stepdad passes away if I inherit the house?

I am listed in my stepdad's will as the inheritor of the house I am currently living in. The mortgage is in his name, but the deed includes both of our names. There are no other heirs. I've been making the mortgage payments directly to him. What happens to the mortgage once he passes... View More

0 Answers | Asked in Consumer Law, Contracts and Real Estate Law for South Carolina on
Q: Hail damage dispute with two companies in SC.

I live in South Carolina and have hail damage to my house. In August 2024, a company started an insurance authorization process for us. Later, I sought a second opinion from another company in case the insurance wasn't approved. However, the second company delivered materials without receiving... View More

0 Answers | Asked in Real Estate Law, Tax Law and Contracts for South Carolina on
Q: Real estate tax estimate accuracy at closing in South Carolina.

I am a real estate investor in South Carolina dealing with issues related to estimating taxes at closing. In the last three transactions, my attorney's "best estimate" relied on the previous year's tax rate, dividing that amount based on the length of ownership for the next... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Gov & Administrative Law for South Carolina on
Q: Developer disclosure responsibility for nearby water treatment facility

I moved into a newly built home in an already established neighborhood, only to discover several months later that it is across the street from a water treatment facility, which causes a bad smell. The developer did not disclose this information when I purchased the house, and there was no mention... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 18, 2025

Your question is unclear as to whether you could have seen or discovered this issue before you purchased the home. If you could see this facility, it would be up to you to investigate whether you might want to purchase a home with a location near a facility.

Even if you could not see the...
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1 Answer | Asked in Real Estate Law for South Carolina on
Q: How to obtain a lien release that paid off over 20 years ago and company is bankrupt? Current owner is deceased

My father passed in 2022 and his mobile home still had a lien from GreenTree that he paid off over 20 years ago. We have no paperwork showing it was paid off. GreenTree sold to Conseco who sold to Dietech, all of which are bankrupt now. We cannot obtain a title without a lien release and we cannot... View More

Anthony M. Avery
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answered on Jan 20, 2025

Hire a competent SC attorney to file a Quiet Title Action that the Note is either paid off or unenforceable due to the SOL. Publication Notice could be expensive in addition to attorney fees. If MH is not worth it, then forget about it.

3 Answers | Asked in Bankruptcy, Real Estate Law, Tax Law and Probate for South Carolina on
Q: How to find out if I'm a trustee or trust
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2025

The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).

Successor trustees are named in the event that the named trustee is unable or refuses to serve.

As you have probably surmised, being designated as a trustee comes...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for South Carolina on
Q: I want to end a tenents rent to own contract. How to get out of it in south carolina
Liscah Isaboke
Liscah Isaboke
answered on Jan 9, 2025

If you as a tenant want to get out of a rent-to-own contract in South Carolina, the first step is to carefully review the agreement. Most contracts outline the process for early termination, including any penalties, notice requirements, or refund policies. Understanding these terms is essential, as... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My sister and I own my deceased parents home, she is not willing to pay half taxes or insurance . It is for sale.
Anthony M. Avery
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answered on Jan 7, 2025

Only in Court can you ask for contribution reimbursement, which would be a partition suit. Otherwise you will probably only get 1/2 of the proceeds, unless you get an agreement.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Original owner died, before sale of the house to us was completed, I do have a signed lease till November 2025,

They basically kick us out because we inquired about a repairs that need to be done. What are my rights in south carolina. The heirs are still pending executer status, in another state they are still processing the legal ownership to be spilt with other heirs.

Anthony M. Avery
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answered on Dec 12, 2024

Apparently you only had lease with option to purchase, which is not a deed conveyance. You might try to file your contract/lease as a claim against the estate if there is a probate proceeding. You might also file your contract, if notarized, with your County Register as a cloud on the... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: I have assumed the paying of taxes on a property by request of my mom before her death, how do I transfer ownership

My mom had been doing the same. She was managing the tax payments for the property which belongs to my deceased grandmother. Its only 5 acres of land, nothing on it. I live in NC, property is in SC. Grandma lived and died in FL, my mom last lived and died in NC.

Anthony M. Avery
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answered on Nov 5, 2024

I would hire a NC attorney to determine heirship, then file an Affidavit of Heirship in SC. But Grandmother's death in FL might complicate the heirship equation, and demand research on FL intestate succession. The

A of H will be the owners' source of title of record.

3 Answers | Asked in Copyright, Personal Injury, Real Estate Law and Civil Litigation for South Carolina on
Q: A museum was made from my grandfather house and name into a museum. They won't his family access

They refuse to believe me and and his property was stolen

Anthony M. Avery
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answered on Nov 1, 2024

You might hire a SC attorney to search the title. Then possibly file an Ejectment or Action to Recover Personal Property by his heirs/next of kin.

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