Do you need an attorney to sell a house in SC?

Asked by: Prof. Devon Mueller  |  Last update: January 12, 2026
Score: 4.4/5 (13 votes)

Do you need a lawyer to sell a house in South Carolina? Technically, no. As a seller, you aren't legally required to hire your own attorney — however, state law does require that a licensed attorney be present at the closing to oversee the proceedings. In most cases, the buyer will be the one who hires this attorney.

What paperwork do I need to sell my house privately?

Deed: You'll need the original deed you received when you purchased the home. If you can't find it, request a copy at your local recorder's office. Property tax documentation: Buyers can use this documentation to help estimate how much they may pay in annual property taxes.

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 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.

Can I sell my house without a realtor in South Carolina?

You can sell a house without a realtor in South Carolina in a few ways, usually by selling: For sale by owner (FSBO) using a flat fee MLS company. In South Carolina you can save an average of 2.75% of the sale price, or $8,076, by not paying a listing agent commission.

In The Legal Know: Do I Need an Attorney When Selling My Home?

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Do I need an attorney to sell my house in SC?

Do you need a lawyer to sell a house in South Carolina? Technically, no. As a seller, you aren't legally required to hire your own attorney — however, state law does require that a licensed attorney be present at the closing to oversee the proceedings. In most cases, the buyer will be the one who hires this attorney.

Is it OK to sell a house without a realtor?

Yes, you can sell your house without a Realtor. It's known as FSBO (For Sale By Owner). You'll be responsible for pricing, marketing, negotiating, and handling paperwork. It requires research, time, and effort to navigate the selling process independently.

How much are closing costs for a seller in SC?

Seller closing costs in South Carolina typically range from 8% to 10% of the home selling price. That's a whopping $28,952 to $36,190 that you have to pay if your home is valued at $361,900.

Can a seller refuse to pay closing costs?

The short answer: Yes, sellers can refuse to pay their buyer's closing costs. Sometimes, they may be unwilling or unable to cover this cost — but in other situations, having the seller pay for the buyer's agent fees can actually be a win for both parties.

Who pays the deed 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.

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.

How do you close an estate without a lawyer?

How to File Probate Without a Lawyer - A Step-by-Step Guide
  1. Petition the court. The probate process won't begin automatically. ...
  2. Notify heirs, beneficiaries, and other interested parties. ...
  3. Change the legal name of the assets. ...
  4. Pay creditors and tax payments first. ...
  5. Pay funds to heirs. ...
  6. Report back to the court and close the estate.

What are the three most important documents in any sale of property?

However, the most important documents in real estate are offers, agreements, and contracts between the buyer and seller.

Do I need a copy of my deed to sell my house?

Yes, you'll need the deed to sell your home. But if you cannot locate this document, it's possible to obtain a duplicate from your local recorder's office.

Who pays title fees at closing?

For example, even within California, in Northern California, buyers usually pay the title insurance premium, while sellers usually pay the premium in Southern California. Again, this is all customary, but everything is negotiable.

What if I can't afford closing costs?

Government Assistance

For example, California has the CalHFA program available to qualified low-income buyers. The program provides grants and loans to eligible borrowers, and the money can either directly subsidize part of a down payment, or cover the entire thing, depending on certain factors.

What is the most seller can pay in closing costs?

How much can the seller pay toward my closing costs?
  • Less than 10% down: The seller can pay up to 3% of the purchase price.
  • 10% down: The seller can pay up to 6% of the purchase price.
  • 25% or more down: The seller can pay up to 9% of the purchase price.

Are lawyer fees included in closing costs?

Attorney fees

Some states require you to have an attorney. Their fees may be bundled into your closing costs or paid separately as a flat fee.

How much are closing costs on a 200k house?

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. Closing costs don't include your down payment, but you may be able to negotiate them.

How do you sell a house to a family member?

Steps To Selling a House to a Family Member
  1. Agree on the Process. Before determining your home's price, establishing a clear and agreed-upon process is essential. ...
  2. Hire Professionals. ...
  3. Evaluate the Home. ...
  4. Agree on Price. ...
  5. Close on the Sale. ...
  6. Transfer Property Titles. ...
  7. Overall Tips.

Do realtors get paid if they don't sell houses?

Do you have to pay your agent if your home doesn't sell? Probably not, but read your contract carefully. Real estate agents are typically paid when you sell your home, so if your home doesn't sell, you shouldn't owe them a commission.

What are settlement costs?

The term 'settlement costs' can refer to any costs associated with the conclusion of a claim or dispute, such as legal fees, administrative fees, or other costs associated with the process. These costs may be paid by the insured or the insurer, depending on the terms of the policy.

Who chooses the closing attorney in South Carolina?

According to the South Carolina Consumer Protection Code, the borrower selects his or her closing attorney and the lender must abide by that preference, so long as that attorney is qualified.