Real Estate Law, or property law, refers generally to the laws governing use or ownership of land and permanent structures attached to it. To transfer property, or interest in property, in South Carolina a deed is required which should be carefully reviewed, executed, notarized, and properly filed with the county of origin. The Jennings Law Firm excellently represents clients in matters involving deeds, commercial and residential real estate closings, mortgages, security instruments, agricultural and forestry transactions, and zoning and permitting issues.
Buying or Selling a Home:South Carolina is one of a handful of states that require a lawyer to be present at a real estate closing. Our attorneys will represent your interests at closing, preparing and reviewing all documents in advance and advising as to any errors or omissions with documentation required by the lender and others. Required documentation can include purchase agreements, mortgage lending documents, title search documents and real estate transfer documents. The Jennings Law Firm will ensure that the process is legal, binding and executed in your best interests.
Construction Defects:An unfortunate aspect of buying, building or remodeling a home is the appearance of construction defects. Defects can range from foundation cracks to roof leaks to electrical or plumbing problems and more. Frustrating on their own, they can take time to surface and may have caused serious damage before discovery. These defects can be traced to design flaws, use of substandard performance or materials, and even code violations. The Jennings Law Firm can provide legal guidance regarding liability ranging from negligence, breach of contract and warranty and more.
Landlord Tenant Law: The South Carolina Residential Landlord and Tenant Actwas enacted in 1986 to grant both renters and landlords rights and protections. The law covers a wide range of issues involved in property rental, including the payment and return of security deposits, required disclosures of information to renters, overdue rent payment deadlines, the right to withhold or deduct rent under certain circumstances, landlord access to rented property, termination of rental agreements and eviction. While many issues can be resolved between the landlord and renter, occasionally the services of an attorney may be required to enforce rights or file suit in small claims court. The Jennings Law Firm stands ready to provide representation at any level.
Foreclosure: Foreclosure is a legal process in which a mortgage lender can take possession of and sell a home when a borrower has defaulted on loan payments. Proceeds from a foreclosure sale are used to pay off the balance of the mortgage loan. If the proceeds from the sale are not enough to satisfy the loan, the defaulting borrower may be held liable for the difference in addition to having to vacate the residence. This is known as a deficiency judgment. If you find yourself struggling to make your mortgage payments, contact the Jennings Law Firm to discuss options and to determine if any discrepancies in loan documentation or other factors exist to defend against foreclosure.
Land Use and Zoning Law:Land use and zoning laws involve the regulation of the development and utilization of both private and public real estate. The most common form of such regulations is zoning. Zoning is used to control local property development. Other legal matters involved with land use are:
Eminent Domain: Eminent domain authorizes the government to seize property for public use upon payment of compensation to the owner.
Easements: An easement is essentially legal permission to cross or otherwise use someone's land for a specified purpose, for example a shared driveway.
Trespassing: Trespassing is a legal term for instances in which a person or persons enter onto the property of another without permission or a legal right to be present. There are many factors that can come into play with trespass charges, including express and implied consent, posting and knowledge requirements, adverse possession, hunting laws, and criminal and civil trespass. The Jennings Law Firm can help navigate your rights and remedies under state law.