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Conveyancing refers to the legal process of transferring property ownership from one party to another. In South Carolina, conveyancing typically involves both real estate purchases and sales, and includes reviewing titles, preparing and executing legal documents, conducting searches, and handling closings. Unlike some states that use escrow procedures, South Carolina follows an "attorney state" model, which means that licensed attorneys are required to oversee most aspects of real estate closings. This process ensures that all title issues are resolved and that both buyers and sellers fulfill their legal obligations, providing a smooth transfer of property.
Conveyancing involves numerous complex legal requirements that can be difficult for individuals to manage without professional guidance. Situations in which a lawyer’s assistance is highly recommended include:
A skilled lawyer can help protect your rights, minimize risks, and ensure that your transaction complies with South Carolina’s unique legal requirements.
Conveyancing in South Carolina is governed by a combination of state statutes, case law, and local regulations. Some key aspects include:
Understanding these laws is crucial to ensuring a legally valid, enforceable, and smooth property transfer.
In South Carolina, attorneys must supervise the closing process for real estate transactions. They review and prepare documents, conduct title searches, manage escrow funds, and ensure the deed is properly recorded.
Yes. Even in cash transactions, South Carolina law requires an attorney to oversee the closing and file the necessary documents.
A title search reviews the property’s ownership history and checks for liens, judgments, or other encumbrances. This ensures the seller has clear title and protects buyers from future legal claims.
Sellers must normally provide a Residential Property Condition Disclosure Statement covering known material defects or issues with the property.
Closing costs are typically negotiated between the buyer and seller in the contract, but commonly include attorney fees, title insurance, recording fees, deed stamps, and prorated property taxes.
Title insurance protects buyers and lenders against losses from undiscovered title issues. Most lenders require a policy, and it is recommended for buyers as well.
After closing, the attorney prepares and records the new deed at the county Register of Deeds office to finalize the ownership transfer.
No. Only licensed attorneys are legally permitted to draft deeds and certain closing documents in South Carolina.
South Carolina uses a judicial foreclosure process, requiring court involvement. This means lenders must file a lawsuit in court to foreclose on property due to nonpayment.
If title issues are discovered, the attorney will work to resolve them before closing. In some cases, the transaction may be delayed until the problems are fixed or an alternative arrangement is reached.
If you need more information or help, consider these South Carolina specific resources:
If you are considering buying, selling, or transferring property in South Carolina, it is important to consult with a qualified real estate attorney early in the process. Gather all documents related to your transaction, such as purchase contracts, current deeds, property disclosures, and any correspondence with agents or lenders. Contact a local South Carolina attorney specializing in real estate or conveyancing to schedule a consultation. Your attorney can explain relevant laws, answer your questions, and guide you through next steps to complete your transaction legally and efficiently.
