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South Carolina Contracts Questions & Answers
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 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 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 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: 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 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 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 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 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.

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

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