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I own properties in two counties in South Carolina, both under sole ownership. I'm looking to transfer these properties to family members. One of the properties has an existing loan. What is the best way to handle this transfer within the family, considering these factors?
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answered on May 2, 2025
You have not stated what you want to happen with the properties. Hire a competent SC to consult with as you need to tell him what you want to do. There is usually no best way, just alternatives to choose from. Deeds take effect now, wills only control when testator dies and the will is filed... View More 
I recently received a phone confirmation from a company stating that my refund would be processed and would appear on my credit card within 3-5 days. Approximately 3 hours after the call, I received an email from the company detailing the refund amount and the last four digits of my credit card.... View More
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answered on Apr 23, 2025
Whether the company must honor the refund may depend on whether a binding contract was formed, which typically requires offer, acceptance, and consideration. If the refund was simply a voluntary promise without any action or agreement from you in exchange, there may be no enforceable contract due... View More
I am working as a 1099 contractor in the photobooth industry and have signed a two-year non-compete agreement with a 100-mile radius restriction. There was no compensation or benefits added for agreeing to this non-compete clause. Is this contract legally enforceable?
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answered on Apr 10, 2025
Every situation is different and a full analysis of your particular matter would be necessary. However, generally, South Carolina allows non-compete agreements to be enforceable as long as they are "reasonable" and "necessary" to protect a legitimate business interest which is... View More
My mother was dating a man who took out a mortgage for the home they live in. He left the home due to a dispute, wants to do what is best for her and is asking her to sell home through a lawyer, she is in need of someone to settle this situation civilly with his lawyer, help her review and... View More
answered on Sep 5, 2024
Your mother should consult a real estate attorney to help navigate this situation since she’s not on the mortgage. The attorney can review the mortgage and title documents, ensure any agreement with her former partner is legally binding, and negotiate terms with his lawyer. A Power of Attorney... View More
I just traded my 2017 ford mustang in for a 2024 model, today the title for the 2017 came In the mail and it had my name listed as the owner , I’m confused as to why did the title come in my name ?
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answered on Apr 21, 2024
When you trade in a vehicle, the dealership typically handles the transfer of ownership and title to the new owner (which would be the dealership in this case). However, there can be a delay between the time you trade in your old vehicle and when the title transfer is officially processed by the... View More
The credit card is only in the name of the deceased.
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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
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?
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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
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
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
I recently purchased a used mobile home with the intent to move it to my property. The seller informed us of previous damages and repairs and insisted the home had to be moved within a month. Upon attempting to move the home, my mover discovered severe water and structural damage—so extensive... View More
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answered on Jun 12, 2025
What happened to you is frustrating and feels like a betrayal, especially when you acted in good faith. If the seller misrepresented the condition of the mobile home, or failed to disclose the full extent of the damage, you may have a case for fraud or breach of contract under South Carolina law.... View More
I'm in the divorce process in South Carolina, and we've only had a temporary hearing so far. The court order states that neither party can cancel any insurance policies or dispose of any property. Despite this, my spouse has changed the beneficiary on life insurance policies. There was no... View More
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answered on Jun 11, 2025
You're absolutely right to be concerned, especially when a court order is in place. In South Carolina, once a temporary order is issued in a divorce case that restricts changes to insurance policies or property, both spouses are legally bound to follow it. Changing the beneficiary on a life... View More
I sold a watch for about $7,000 in South Carolina. I informed the buyer that a jeweler told me the watch looked real, and the buyer checked the serial number himself. I also told him it was a gift and I had no papers, and he agreed to purchase it "as-is." Four hours after the sale, he... View More
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answered on Jun 10, 2025
Based on what you’ve described, you are likely *not* legally obligated to provide a refund. You were transparent with the buyer—you explained that the watch was a gift, you had no documentation, and that a jeweler had only said it *looked* real. The buyer also did his own checking and still... View More
I recently sold my car and the title had 'miles exempt' on it, which I didn't mention to the buyer. The buyer knew the odometer read 106,000 miles, but was not informed that the mileage was exempt. There were no written agreements, warranties, or discussions about the car's... View More
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answered on Jun 10, 2025
You’re likely not legally responsible if you honestly sold the car without misrepresenting its condition or history. When a title says “miles exempt,” it usually means the vehicle is over a certain age—often 10 years old—and mileage is no longer required to be recorded by law. As long as... View More
I am paralyzed, and my ex took my dog to the vet on my behalf. I believe my ex only provided his contact information to the vet. Without notifying me, the vet put my dog down based on my ex’s authorization. I had not authorized my ex to make such decisions about my dog. Now, the vet is asking me... View More
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answered on Jun 7, 2025
This situation sounds heartbreaking, and you're right to feel upset and betrayed. If your ex did not have legal authority—such as power of attorney or written consent—to make medical decisions for your dog, the vet may have acted improperly by relying solely on your ex’s word. Your dog... View More
My wife and I paid off land that is currently titled in her mother's name. Despite repeated requests, her mother refuses to transfer the title to us and continues to make us pay the taxes on the property without giving us receipts. The loan for the land was originally taken out by my... View More
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answered on Jun 1, 2025
You're in a difficult and emotionally complex situation, especially when family and finances are so closely tied. If you and your wife have paid off the land and have been covering the taxes, it’s understandable that you feel the title should rightfully be transferred. Unfortunately, if the... View More
I entered into a contract to purchase a 2-year-old home in Indian Land, SC. The property disclosures indicated no known issues, with every box specifically checked "no" and not "no disclosure." Four days into the contract, an inspection revealed a large crack in the slab at the... View More
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answered on Jun 1, 2025
What you’re dealing with sounds like a clear case of misrepresentation and breach of contract. If the seller and broker knowingly failed to disclose a serious structural issue like a slab crack—especially one they had been monitoring—that’s a major red flag. Property disclosures in South... View More
I live in an apartment complex in York, SC, where they are now requiring us to register all vehicles with a third-party towing company, or else they will boot and tow our cars. This requirement was not part of the lease I signed. The new policy was communicated via email on May 29, and I responded... View More
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answered on Jun 1, 2025
You're absolutely right to question this sudden change, especially since it wasn't part of the lease you originally signed. In South Carolina, landlords cannot enforce new rules or policies that materially change the terms of your lease during the lease period unless you agree to them in... View More
I purchased a brand new Clayton Manufactured home in 2023, and I've been experiencing serious problems with water leaks, particularly with the back door. Despite reporting these issues to the dealer and having service technicians attempt repairs multiple times, the back door was replaced but... View More
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answered on Jun 1, 2025
You're not overreacting—when you buy a brand-new home, especially from a well-known company like Clayton, you expect it to be free of major defects. A door that leaks, won’t shut properly, and can’t be locked is not just an inconvenience—it’s a safety and security issue. Since you... View More
I contracted with a moving broker for a tentative move from South Carolina to California. They sent me a contingency plan, which I've signed, that stated I could cancel my move "with no penalties" by April 20 if I didn't get a job related to the move. When I called to cancel, I... View More
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answered on May 15, 2025
Yes, you may have a valid claim to get your deposit refunded. If the contingency plan you signed clearly states that you can cancel "with no penalties" by April 20 if you didn’t get the job, and it does not include any condition about when it must be signed, then adding a signing... View More
I am leaving my company today, and I've just received an email stating that my long-standing 3% commission is being changed. The email demands I sign the new agreement, or I receive no commission at all. There was no prior notice or explanation given for this change. I also have no written... View More
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answered on May 15, 2025
In general, employers can change compensation structures like commission rates, but they are expected to provide notice and, ideally, an explanation of such changes, especially if it impacts your earnings. Since you were informed of the change on your last day without prior notice, this could raise... View More
I signed a real estate sales contract in South Carolina, agreeing to a 5% commission for a dual agency transaction and a 6% commission otherwise. The agency, Keller Williams, claims that a designated agency sale occurred and is requesting a 6% commission. However, nothing in the contract explicitly... View More
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answered on May 15, 2025
You have every right to question the commission being charged, especially if your written agreement doesn’t clearly define the terms around designated agency. In South Carolina, designated agency is considered a form of dual agency, where different agents within the same brokerage represent each... View More
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