Real Estate Law in South Carolina
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home.
Whether or not you are a property owner or tenant, you have rights under South Carolina real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.
Types of Real Estate Law Disputes
Disputes involving real estate in South Carolina are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any South Carolina property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in South Carolina property deeds.
For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Landlord/Tenant
Disputes often arise when South Carolina landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.
Under the South Carolina Residential Landlord and Tenant Act, the landlord cannot force the tenant to waive or forego rights or remedies outlined in the Act. In addition, a tenant cannot unreasonably withhold consent to the landlord to enter the premises to make necessary or agreed repairs. Generally, the landlord must give the tenant at least 24 hours-notice of their intent to enter. Furthermore, the landlord can only enter the rental unit between 9am and 6pm.
Contract Breaches
No South Carolina real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in South Carolina without a valid mutually beneficial contract.
Fraud/Omissions
Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with South Carolina real estate lawyers to straighten things out.
According to the South Carolina Department of Consumer Affairs (DCA), mortgage fraud schemes can include property flips, and loans based on fictitious properties. In 2003, South Carolina enacted the South Carolina High Cost and Consumer Home Loans Act. The purpose of the legislation was to curb abusive residential mortgage lending practices in the state. Added to the Consumer Protection Code, the Act gave the DCA the primary responsibility for its enforcement. However the DCA states that mortgage lenders and their originators continue to be without sufficient oversight in South Carolina.
Boundary Lines
Property line disagreements usually occur when adjoining South Carolina property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some South Carolina property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Determining the rightful owner of a property in South Carolina is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.
Under South Carolina law, a judgment lien can remain attached to the judgment debtor’s property for 10 years. However, the judgment lien can only be attached to the debtor’s real estate property. Additionally, a South Carolina creditor’s ability to collect under a judgment lien can be affected by other liens that may be in place, and any foreclosure proceedings.
What Should You Do If You Are in a Real Estate Dispute in South Carolina?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced South Carolina real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.
Learn About Real Estate Law
South Carolina real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney in South Carolina
Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with South Carolina lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help South Carolina landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across South Carolina state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
