Do you need an attorney to buy or sell a home in South Carolina?
Yes—South Carolina law requires a licensed attorney to supervise every real estate closing, whether you're buying or selling, financing with a mortgage or paying cash.
Why South Carolina Requires Attorneys at Closing
South Carolina is one of the few states where real estate closings are considered the practice of law. That means state law mandates that a licensed South Carolina attorney must supervise every aspect of the closing process.
Whether you’re:
Buying your first home,
Selling your home or an investment property,
Refinancing your mortgage, or
Paying cash for a second home,
you’ll need a licensed attorney to oversee the transaction. This requirement applies universally and is backed by decades of case law, including key rulings by the South Carolina Supreme Court.
What the Attorney Actually Does
The closing attorney isn’t just a ceremonial figure. They perform (and are legally responsible for) five key functions:
Supervise the title search and examination – They ensure the title is clear, identifying any liens, encumbrances, or ownership issues.
Review all closing documents – This includes the deed, contract, mortgage documents, and closing statements.
Oversee the closing event – The attorney ensures all documents are signed correctly and that the transaction is legally binding.
Manage disbursement of funds – They coordinate payments to the appropriate parties and make sure debts or liens are paid off.
Ensure proper recording of the deed and mortgage – Recording these documents with the county protects your ownership rights.
What This Means for Buyers and Sellers
If You’re Buying a Home:
You have the legal right to choose the closing attorney. This ensures the attorney’s duty is aligned with your interests.
Title protection matters. The attorney provides a Title Opinion based on public records, but we also recommend purchasing Title Insurance for broader protection against hidden defects.
If You’re Selling a Home:
You may use the buyer’s attorney for document prep, but it's smart to have your own legal counsel review the settlement statement and payoff figures.
In complex sales or if you're unsure about your disclosure obligations, independent legal advice can protect you from future liability.
The Risks of Skipping Attorney Involvement
Attempting to buy or sell a home in South Carolina without proper attorney supervision isn’t just a technical error—it can invalidate the entire transaction. In fact, unsupervised closings could lead to unenforceable mortgages, title defects, or problems with resale in the future.
The South Carolina Supreme Court has ruled clearly: closing a real estate transaction without an attorney constitutes the Unauthorized Practice of Law (UPL). If that happens, lenders may be unable to foreclose, and buyers may face title issues down the road.
Bottom Line
So, do you need an attorney to buy or sell a home in South Carolina? Absolutely. It’s not just recommended—it’s the law. The attorney plays a central role in protecting your rights, securing your title, and ensuring that your real estate transaction is legally valid and binding.
Need help finding an attorney to help with your next home sale or purchase? At Lauren Zurilla & Associates, REALTORS®, we work with trusted local attorneys to help you buy or sell with confidence in the Charleston, SC area. Connect with us for recommendations or visit our FAQ pages to learn more about buying and selling homes in the Lowcountry.
Warmly,
Lauren, Tina and Gigi | Lauren Zurilla & Associates