Best Real Estate Attorneys in North Charleston

FAQs

• What is the non-emergency contact number for the local police station in North Charleston, South Carolina?

  The non-emergency contact number for the North Charleston Police Department is 843-743-7200.

• Where can I get a copy of police reports for incidents related to my case in North Charleston, South Carolina?

  The North Charleston Police Department, Administrative Services Division, Records Unit is responsible for the clerical management of all daily reports and records. You can request a copy of the police report through this link: https://www.northcharleston.org/government/police/divisions-and-bureaus/support-services/ and by clicking the "Access Accident Reports Online" button at the bottom of the page. After clicking the button, you will then be prompted to another page. You need to enter your state, jurisdiction, name, date of accident, location, and report number at the "Search" bar. You can also mail in a request or go directly to the Records Unit at 2500 City Hall Lane.

• Are foreclosures in North Charleston judicial or non-judicial?

  South Carolina is considered a judicial foreclosure state. This means that a lender in North Charleston must sue a homeowner and present proof of entitlement to foreclose on a property. The judicial foreclosure process involves conducting discovery or collecting evidence to support arguments, making an argument against foreclosure, and counter-suing the lender. Homeowners have the chance to challenge the lender’s allegations and seek a mortgage modification instead of foreclosure during the process.

• Can a landlord in North Charleston evict a tenant without reasonable cause?

  No. To lawfully evict a tenant in North Charleston, a landlord must first terminate the tenancy and have a legal cause to do so. Landlords are required to give notice to tenants in most situations. If the tenant does not pay rent on time or has unpaid rent, the landlord must give the tenant a five-day notice of eviction under South Carolina law. The landlord can proceed with lease termination and eviction proceedings unless the tenant pays rent within five days.

• When can a landlord in North Charleston evict a tenant?

  There are various possible scenarios a landlord in North Charleston can consider when evicting a tenant. The landlord may end the rental agreement and start eviction proceedings if rent is not paid when due or within the five-day written notice. The landlord may also evict a tenant if they fail to live up to the terms of the rental agreement. Other acceptable reasons include failure of the tenant to maintain the unit properly, abandonment of the rental unit by the tenant, and expiration of the lease term.

• How long does the landlord in North Charleston have to return a security deposit to the tenant?

  After a tenant moves out of a rental unit in North Charleston, the landlord has 30 days to return the security deposit. Failure to return the security deposit may result in the landlord paying three times the amount of the security deposit on top of court fees. The landlord must mail the security deposit to the address provided by the tenant. If there is no address on record or the tenant did not provide a forwarding address, the landlord does not need to return the security deposit.

• Do landlords in North Charleston need to return the security deposit in full?

  Tenants have the right to get their security deposit back when the rental agreement ends. However, depending on the circumstances, landlords in North Charleston have the option not to return the full security deposit to tenants. Landlords may deduct from a tenant's security damages such as missing tiles, damaged windows, and stained carpeting. Should there be any amount withheld from the security deposit, the landlord must list the items deducted and provide a copy of it to the tenant.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.