I am often asked "Why do I need an attorney for my real estate closing?" Great question Jill! All too often I get similar inquiries. With our area being such an ideal location for investments and permanent relocations we see a large percentage of our clients coming from other States. This is significant in that each State has its own set of laws concerning various aspects of life, including the procedures in real estate closings. I am licensed to practice in New York as well and come across these scenarios. South Carolina is sometimes referred to as an “attorney-closing” state because you are required to utilize the services of a licensed attorney in the State to perform a closing. Our case law suggests that the idea behind this was to have attorneys in the process that would have the ability to furnish their clients with legal advice when and if it became necessary. So much so that certain aspects of the real estate process, conducted outside the physical supervision or actual presence of a lawyer can constitute the unauthorized practice of law. Buyers and sellers should not be concerned that they are somehow paying twice for services rendered. Unlike other “title closing” states, as they are sometimes called, there is no standalone title company charging an additional fee in these circumstances in addition to the attorney’s fee. I look forward to assisting you and your customers in the future. Jim Feldman, Esq. jim@johnnygardnerlaw (843) 267-8779
Posted on: Fri, 07 Jun 2013 22:03:52 +0000
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