Why an attorney handles your Bluffton closing

In South Carolina, a residential real estate closing must be conducted under the supervision of a licensed South Carolina attorney. That rule comes from decisions of the South Carolina Supreme Court on the unauthorized practice of law, including State v. Buyers Service Co., 292 S.C. 426, 357 S.E.2d 15 (1987), and Doe v. McMaster, 355 S.C. 306, 585 S.E.2d 773 (2003). In practical terms, it means the title search, the preparation of the deed, the review of the settlement statement, and the recording of documents all run through a law office.

Smith Law, LLC handles residential closings for buyers, sellers, and lenders across Bluffton and the Okatie area from our office at 200 Okatie Village Drive, Suite 103. Brandon has handled over 10,000 closings.

What happens during a Bluffton closing

1. Contract and order. We receive the contract from the agent or lender and open the file.

2. Title search. A title abstractor searches the record title at the Beaufort County Register of Deeds (or the Jasper County Register of Deeds for property in the Jasper County part of the Bluffton area, including sections of Sun City Hilton Head), and an attorney reviews the search for liens, judgments, and easements.

3. Title insurance. We issue or coordinate an owner’s and lender’s title insurance commitment.

4. HOA and POA items. Many Bluffton neighborhoods have property owners’ associations. We request the estoppel or status letter and any transfer documents the association requires.

5. Settlement statement. We prepare the settlement statement and reconcile it with the lender’s Closing Disclosure, which the lender prepares.

6. Signing. You sign at our office or at a signing arranged elsewhere.

7. Funding and recording. We disburse funds and record the deed and mortgage in Beaufort County or Jasper County, depending on where the property is located.

Local issues we watch for in Bluffton

  • New construction. Bluffton has a steady stream of new homes. We look for builder liens, plat and survey issues, and whether the lot is subject to recorded covenants.
  • Planned communities. Communities such as Sun City Hilton Head, Hampton Hall, and Palmetto Bluff have their own covenants, transfer requirements, and association contacts.
  • Heirs’ property and older land. Some parcels in the Bluffton area have passed down without a probate. Those titles may need additional work before they can be insured.
  • Flood zones and insurance. Lenders may require flood insurance for properties near the May River or marsh areas. We coordinate with the lender to make sure coverage is in place before closing.

Frequently asked questions

Who chooses the closing attorney?

For a home loan for personal or household purposes, South Carolina law requires the lender to ask the borrower, before closing, which attorney they prefer for the closing, and to comply with that preference (South Carolina Code Section 37-10-102). The contract may also name the closing attorney.

How long does a closing take?

Timing depends on the contract and the lender. The closing date is set in the contract, and for financed purchases, federal rules require the lender to give the buyer the Closing Disclosure at least three business days before closing (12 CFR 1026.19(f)).

I am buying a new construction home in Bluffton. What does the attorney check?

We review the builder’s title, recorded plats and covenants, and any liens from contractors or suppliers, and we confirm the certificate of occupancy has been issued before closing.

Buying or selling in Bluffton? Call Smith Law, LLC at 843.705.4400 to open your closing file. We are at 200 Okatie Village Drive, Suite 103, Bluffton, South Carolina 29909.

Related pages

This page is general information, not legal advice. Contacting us does not create an attorney-client relationship.