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South Carolina Real Estate Law Questions & Answers
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 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 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 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

Anthony M. Avery
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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.

Anthony M. Avery
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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.

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: Good Afternoon! I purchased a home with a shed in the back yard. The previous home owner had not completed payments on

the shed. She notified them and inivited them to pick it up. They didn't. Two months after I bought the home, they attempted to repossess shed. They destroyed my fence and yard. They claim they still own the shed. They are not currently willing to pay for damages. What are my legal options?

Anthony M. Avery
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answered on Mar 2, 2023

Hire a SC attorney to sue for property tort damages. You will need a witness to establish the cost of repairs.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Developer purchasing my land put closing date and within 5 days to close. Or until all surveys completed. Closing missed

Developer is trying to purchase all land near us and continues to add more properties. Contract was supposed to close by 13Jan2023 or within 5 days or until all surveys completed. But every new property requires new surveys and delays our closing. So far we have missed 2 closings and I now wish to... View More

Anthony M. Avery
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answered on Feb 20, 2023

It appears your contract is breached unless you agreed to it. You may want to sell to someone else. Consult with a SC attorney. Whatever you do litigation may occur, especially if there is earnest money involved.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: A buyer says a wire transfer has been "initiated" for payment. I have not received the money and the payment is now late

The payment is coming from an international bank in Belize to my US account. Does the "initiation" of the wire transfer constitute payment on time, or am I allowed to access a late fee.

Anthony M. Avery
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answered on Feb 8, 2023

Payment is money delivered to the seller. Do not sign the Deed until you have money in hand. Wire Transfers for real property are notorious for fraud. Hire an attorney to complete this conveyance.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Unmarried-splitting up. Both names are on the house deed - only his name is on the mortgage. I want the house. Now what?

We purchased the home not quite a year ago. Now he wants to split up after 8 years together. Both of our names are on the deed but the mortgage is in his name only. I want to stay in my house. I am not expecting him to pay the mortgage, I will pay it but the mortgage. He had the better credit so we... View More

Alisha Melvin
Alisha Melvin
answered on Feb 5, 2023

Were you husband and wife going through a divorce or just purchased the home together while single? I would need this information to properly respond.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: We sold land that my spouse inherited in South Carolina. We now live in Tennessee. How is the capital gains done in SC.

How is base price figured on inherited land?

Anthony M. Avery
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answered on Jan 23, 2023

TN does not have an income tax... If you live here, why are you worried about SC's income taxes? But heir will get a stepped up basis anywhere.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My aunt and I each own half of the house I reside in. Can she force me to buy her out or sell?

This is in rural Lexington county south carolina. Not Durham n.c. I pay the property taxes, the homeowners insurance, do all the maintenence, upkeep and many improvements to the home.

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answered on Nov 14, 2022

Yes she can force a Partition Sale.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for South Carolina on
Q: I have been given a piece of property with a home on it but I haven't got the title or deed etc

I want to put it on paper and make it official but not exactly sure how to write it out

Anthony M. Avery
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answered on Oct 17, 2022

How have you been given land? Will, Heir, Order of Court? Hire a competent SC attorney to search the Title, draft a Deed with a Derivation of Title Clause, and try to get it executed if it is an actual gift. Otherwise an Affidavit of Heirship might be recorded, with no Deed as ancestor is... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Myself & ex-wife are listed on the deed, she lives in the house with her current husband. How do i get her to buy me out
Anthony M. Avery
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answered on Oct 10, 2022

Hire a competent SC attorney to file an action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: We live in SC, do you need a lawyer to add joint tenancy with right to survivorship to your property deed.
Anthony M. Avery
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answered on Oct 7, 2022

Hire a lawyer to draft the Deed. No title companies nor internet forms. Otherwise you will make a permanent mistake.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: On a deed there's a notation saying that 2 other people didn't sign the deed but are listed as heirs. Explain please.

On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?

Anthony M. Avery
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answered on Aug 22, 2022

You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: In South Carolina, can I use a North Carolina attorney to prepare/write a real estate deed?

My grandfather passed away and my grandmother needs a new deed with my grandfather removed to purchase new home insurance.

Anthony M. Avery
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answered on Jul 31, 2022

Yes the NC attorney can draft a Deed. But I doubt Grandmother will be getting a new Deed, as survivorship probably determines Title here. You at least need an attorney to review the present Title if not search it.

1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Tax Law for South Carolina on
Q: Is it possible to reverse a sale of a delinquent tax sale of a dead person's property(unnotified heirs)

Property was sold with out notification to heirs living on the property

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answered on Jul 18, 2022

Consult with a competent SC attorney to exercise your Redemption Rights quickly if you still have them. Time is of the essence. It will take money, or forget it as someone should have paid those Taxes.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: We bought property in SC and the neighbor beside us using our property as an easement to their house

The neighbors have a driveway to their property on the backside of their house. The easement is not granted in the deed. How do we go about keeping them from using the driveway that is on our property?

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answered on Jun 6, 2022

You need a SC attorney to search both Titles. The adjacent owner may have a Prescriptive Use Easement or an Easement By Implication, which might be provable in Court.

2 Answers | Asked in Real Estate Law for South Carolina on
Q: Man dies in MI. owns land worth $4,000 in SC does land auto go to spouse or has to file probate. His estate under $20k

A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.

The wife is trying to sell the land in SC but this issue arose... View More

Trent Harris
Trent Harris
answered on May 16, 2022

This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: My partner is an executor of his father’s estate, which has a mortgage being paid by grandparents.

His grandfather is paying a mortgage on the house my partner inherited, and he is threatening to foreclose on the home. What rights does my partner have? Will we be forced into homelessness with no further say in the matter?

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answered on May 2, 2022

Whoever owns the mortgage is the one the that can foreclose. If the notemaker buys the note, then he can foreclose. It sounds like he is threatening to quit paying the note. Being the executor probably has no relevancy here.

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