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South Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for South Carolina on
Q: I signed papers at closing got the keys. Seller says his attorney hasn’t received papers. Can I move in today

Papers were sent by UPS on Monday to his attorney which says they haven’t arrived. Attorney suggested we vacate the property immediately even though we have signed our papers and have them an paid all closing costs.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: I'm on total, permanent disability & rent a duplex. My Medicaid supervisor has asked for permission from the landlord

to hire a contractor to build a handicapped ramp. Landlord refused. Can I break my month to month?

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: I have just received a letter threatening foreclosure on my home for 600$ (two years HOA Dues.

The first year of being late HOA locked me out of my account and has not let me make any payments for previous or current years. They have charged me a daily fee of late fee, administration fees and my $600 bill is now $2600.00 2 years later. I can’t even pay my upcoming year because I am locked... View More

Anthony M. Avery
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answered on Nov 21, 2023

You might file a declaratory judgment action and also ask for a temporary injunction. You will need a SC attorney who can file suit fast.

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: If a piece of property is in a trust for a person's daughter, can the parent lease out part of the property to someone?

Mother is alive and lives on property, wants to lease part of it to a nonprofit,can that be done?

Anthony M. Avery
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answered on Nov 1, 2023

Is the Mother the Trustee? If so, then yes. Trustee makes these decisions in accordance with the Trust terms.

2 Answers | Asked in Real Estate Law for South Carolina on
Q: At what point can I get my key for a purchased property
T. Augustus Claus
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answered on Oct 24, 2023

The point at which you can receive the key for a property you've purchased can vary depending on the terms of the real estate transaction, the specific agreement you have with the seller, and any applicable local laws. Generally, key handover typically occurs at the closing of the real estate... View More

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1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
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answered on Oct 18, 2023

In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a non-profit HOA in South Carolina have a fundraiser that involves people outside the HOA community?
James L. Arrasmith
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answered on Nov 9, 2023

Yes, a non-profit homeowners association (HOA) in South Carolina can typically hold a fundraiser that includes individuals outside of the HOA community.

It is important to ensure that the fundraiser complies with the HOA's governing documents, state laws, and any local ordinances....
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1 Answer | Asked in Communications Law and Real Estate Law for South Carolina on
Q: Are residents able to retain any emails that invoke their own name/address from an HoA/Poa in South Carolina and
Tim Akpinar
Tim Akpinar
answered on Oct 28, 2023

A South Carolina attorney could advise best, but your question remains open for five weeks. Some questions go unanswered; you could try posting under Real Estate for better chances of a response. But as a general legal matter in retaining emails in any setting, it could depend on the entity's... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I co-own a property with another person. He is about to get a mortgage and build a home on the property, and he thinks

that he can title the home in just his name.

Where do I stand legally?

Anthony M. Avery
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answered on Sep 25, 2023

Hire a SC attorney to search the title and determine ownership. Then notify the lender if you are an owner. A mortgage is possible but not worth much if not all owners encumber the real property.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Live in South Carolina, our property (lot) was illegally listed by our old neighborhood on Zillow, MLS with Broker

what is our recourse, to SUE, the lot was listed without any knowledge by us.... listed for 110,000

This is a big money private country club with deep pockets I have all the screen prints of the online listing with the broker details and the sales agent In addition, this listing occurred... View More

Anthony M. Avery
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answered on Sep 14, 2023

You will need a competent SC attorney that handles real property litigation, and there will be few that know what to do. Slander of Title, Trespass, along with a possible Ejectment action will be causes of actions. The title needs to be searched, and with the suit, a Notice Lis Pendens needs to... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My brother passed away 11/5/2022. He did not have a Will.

He was not married and had no children. It is just me and my and my younger brother who lives in another state.

I am the Personal Representative. The younger brother has said he is fine with me getting everything. He will sign off to that as well. The house is paid for. I am taking care of... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

It depends on whether the probate court appointed you as an independent personal representative or a dependent personal representative. Your probate lawyer should explain these differences to you. Even if court approval is required, under the circumstances you describe it should be perfunctory.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: If you are buying a house and the roof has a leak in just 2 months is it covered by warranty
T. Augustus Claus
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answered on Aug 7, 2023

In South Carolina, the specifics of whether a leaky roof in a newly purchased house is covered by warranty can depend on the terms of the warranty agreement and the state's laws. Generally, new home warranties cover certain defects for a specified period of time, but the exact coverage and... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: I want to gift my grandmother that has dementia a shed that is already on her property. South carolina

How can I show this legally

T. Augustus Claus
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answered on Jul 12, 2023

Have your grandmother sign the gift deed in the presence of a notary public.

Notarization is typically required for the document to be legally valid.

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 Real Estate Law and Landlord - Tenant for South Carolina on
Q: i have rented and lived in a house for 15+ years, now the homeowner wants to sell the house and is giving me 60 days to

get out, is that fair? i have done a lot of work on the house without compensation.

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

Depending on all the details, your situation is likely governed by the SC Landlord-Tenant Act and your Lease. Without more information, I cannot provide much more insight, but I would recommend reading the Act and your Lease and highlighting or underlining everything relevant to your issue, and... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Hello my fiance and I submitted an application for a rental home. We were denied without reason. What can we do?

We made sure we met all qualifications.

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

So long as you were not denied for an illegal reason, it would not appear that you would have any recourse. For example, if the person renting the home selected a more highly qualified applicant, or maybe another applicant offered to pay the full rent up front, or some other arrangement.

1 Answer | Asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina on
Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my... View More

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.

If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for South Carolina on
Q: How can they be made to leave!? My mom passed away almost 1 year ago and left and 2 sisters and 1 the house. The oldest

Had power of attorney and I'm assuming she is dealing with probate. She doesn't talk to me and isn't authoritative with the situation. The other sister lives in the house with 7 other adults she now has there. No power, no water. They have the carport covered completely and the yards... View More

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answered on May 1, 2023

All tenants in common have the right to occupy their property, utilities or not. You may wish to hire an attorney to file for a Sale For Partition.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My cousin and I have a house that was never change out of our grandmother's name. He informed me that I will be severed

and will have to leave within next 30 day to sell the house. What are my rights? I am not working and have no where to go or means of funds.

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answered on Apr 12, 2023

Hire an attorney to search the title and determine heirship. Who has been paying taxes? You might be an heir and tenant in common, or might have a defense to losing possession by payment of taxes. If an heir, record an Affidavit of Heirship.

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