Question 1. Do I have to have an attorney to buy/sell my house? How much will it cost me?
South Carolina law considers a real estate closing to be the practice of law and, therefore, an attorney is required to buy/sell a house. The fee for an attorney depends on the circumstances of the transaction.

Question 2. Who pays closing costs?
Certain closing costs are the responsibility of the buyer to pay and there are other closing costs that are the responsibility of the seller to pay. The responsibility for certain closing costs varies depending on the contract between the buyer and seller. You may want an attorney to review the contract carefully before it is signed if you are unsure about what your rights and obligations will be.

Question 3. The inspection was unsatisfactory. Can I get out of the contract?
While some contracts provide for a credit to be given to the buyer from the seller to cover the cost of repairs, other contracts provide that repairs must be completed before closing, or, mostly those that sell houses "as is", provide for the contract to be cancelled if the inspection results are in any way unsatisfactory to the buyer. It is important for an attorney to review the contract carefully before it is signed to see whether the unsatisfactory inspection will enable either party to get out of the contract.

Question 4. I want to add a family member to the title/deed. Can I do this? If so, how?
Drafting a deed must be done carefully. It is important that the correct party signs the deed and the legal description is accurate. Sometimes, it is also necessary that an affidavit or other additional document accompany a deed when it is recorded. For a small fee, an attorney can prepare the deed. It is also important to check with the lien holder before changing title because this could be a violation of any mortgage on the property.

Also see Foreclosures and Landlord/Tenant

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