Do you need an attorney for closing in South Carolina?
Asked by: Kaitlyn Nader | Last update: October 20, 2025Score: 4.9/5 (16 votes)
South Carolina Requires an Attorney for a Home Closing South Carolina courts have ruled that a real estate closing is considered the practice of law. Therefore, having a licensed attorney to oversee the closing process is a legal requirement in this state.
Who pays attorney fees at closing in SC?
Both the seller and buyer will have to pay attorney fees. The seller should anticipate to pay their attorney between $250-$750 at closing.
Do you have to use a closing attorney?
California: Real estate attorneys are not essential for closing but may be advised by your real estate agent.
Is South Carolina a title or attorney state?
South Carolina is a traditional attorney-state which defines the closing of real estate transactions as the practice of law.
Do you need an attorney to sell a house in South Carolina?
Do I need a lawyer to sell my house in South Carolina? South Carolina state law does require a lawyer to be present at and oversee the closing.
In The Legal Know: Do I Need an Attorney When Selling My Home?
Does SC require an attorney for real estate closing?
Residential Real Estate Closings in South Carolina: Do I Need a Lawyer? A real estate closing is a practice of law in South Carolina and, therefore, must be supervised by a licensed attorney. State v. Buyers Service Co., 357 S.E.2d 15 (S.C. 1986).
Who hires the closing attorney?
In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, the attorney may actually represent the mortgage lender or title company.
Who pays for title in South Carolina?
Who pays the title insurance cost in South Carolina? In South Carolina, buyers usually cover the title insurance cost. This expense is the buyer's responsibility in the settlement process, emphasizing the need for budgeting when purchasing property.
How many states require attorneys for real estate transactions?
Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New ...
Is my state a title company or closing attorney state?
California – Title or Escrow Company. Colorado – Title or Escrow Company. Connecticut – Attorney only. Delaware – Attorney only.
How much does an attorney charge for closing?
Negotiating Attorney Fees
You might ask for a lower hourly rate or even a flat fee for specific services. According to Thumbtack, hourly rates can range from $400 to $600, while flat fees for closing are typically between $500 and $1,500.
Who typically recommends the closing attorney?
Established trust influences the decision on who picks the closing attorney. Sellers might prefer an attorney they've worked with before who understands their preferences and legal expectations. However, buyers may select an attorney recommended by trusted sources such as friends or real estate agents.
What are the average closing costs in South Carolina?
South Carolina's closing costs average 1.66% to 4.94% of a home's value, with this variance depending on a number of factors, including location, services used and lender.
Who pays the transfer tax in SC?
However, in South Carolina, it's standard for the seller to pay the transfer tax. Transfer taxes are paid at closing, along with other fees, like appraisal fees. You should pay them to the closing attorney. Buyers in a hot real estate market might negotiate with the seller to split the cost of the transfer tax.
How much are closing costs on a 200k house?
How Much Are Closing Costs? Closing costs are typically 3% – 6% of the loan amount. This means that if you take out a mortgage worth $200,000, you can expect to add closing costs of about $6,000 – $12,000 to your total cost.
Is South Carolina an attorney state?
Which states require attorneys for real estate closings? Here's a list of Attorney Only States: Alabama, Delaware, Georgia, Massachusetts, New York, North Carolina, South Carolina, Virginia, West Virginia.
Do you need a closing attorney?
It depends. Depending on your state's laws, you may not be required to have an attorney at the closing. However, you can choose to have an attorney review your documents before closing.
Is a lawyer required for a real estate transaction?
While it's not legally required in California, having an attorney can provide crucial protection, especially in complex deals. How do I choose between a real estate attorney and a realtor? Consider the complexity of your transaction, your budget, and your comfort level with legal matters.
How are closing costs paid?
Closing costs for sellers are often deducted directly from the home-sale proceeds, while buyers typically pay their portion out-of-pocket.
Does the buyer pay realtor fees in South Carolina?
Who pays the real estate commission in South Carolina? The seller typically pays the real estate commission in South Carolina. Usually, the REALTOR® fees are deducted from the proceeds the seller makes when the transaction is finalized at closing.
Does SC require a bill of sale?
Yes, a South Carolina bill of sale is typically required when registering a motor vehicle to establish proof of ownership. Is a South Carolina bill of sale required to register a boat? Yes, a South Carolina bill of sale is necessary when registering a boat to demonstrate ownership and complete the registration process.
How much does a closing attorney cost?
You may pay a real estate attorney an hourly fee ranging from $150 to $500 or more per hour. Or they may charge a flat fee, such as $750 or $1,500 for closing, or a lower fee for a specific task, such as reviewing a contract.
What is the difference between a closing agent and a closing attorney?
Closing attorneys ensure that the transaction adheres to legal standards, protecting their clients from potential legal issues or liabilities. Real estate agents, while knowledgeable about the market and the transaction process, can only provide general guidance and assistance in the process.
What happens before you close on a house?
There will be an appraisal of the home and an independent third-party inspection of its condition. A title company will also conduct a title search to ensure there are no claims on the ownership of the home. The buyer and seller – via their agents – will settle any discussions of costs, repairs and fixtures.
Do I need a real estate attorney in South Carolina?
In South Carolina, having an attorney involved in real estate closings is mandatory. The attorney ensures that all legal documents are in order, the title is clear, and the property transfer follows state regulations.