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South Carolina Bench Book for Summary Court Judges - Civil Section. A contract is defined generally as an agreement between two or more persons upon sufficient consideration either to do or not to do a particular act. Stated another way, there must be an offer and an acceptance accompanied by valuable consideration.
Exchanging contracts is the moment when a buyer and seller swap documentation to confirm a property sale is legally binding. Once a buyer and seller have exchanged contracts, the sale is confirmed for the agreed asking price, with neither party able to pull out without facing extremely serious financial consequences.
Yes, a South Carolina attorney will need to supervise the closing on the mortgage. For the same reasons stated above, a refinance of a home requires an attorney to oversee the closing. The mortgage will attach to the property and affect the title.
The statute requires that the disclosure statement include information on: (1) the water supply and sanitary sewage disposal system; (2) the roof, chimneys, floors, foundation, basement, and other structural components; (3) the plumbing, electrical, heating, cooling, and other mechanical systems; (4) past or present,
What Should I Include in a Sales Contract?Identification of the Parties.Description of the Services and/or Goods.Payment Plan.Delivery.Inspection Period.Warranties.Miscellaneous Provisions.
Like many states, South Carolina has laws that give the buyer the right to cancel certain purchase contracts for a specific amount of time after the sale. Officially called right of rescission, they are more commonly called "buyer's remorse" laws.
Generally, a contract may be either oral or written. In some instances the law requires the contract to be in writing in order to be enforceable. For example, if an oral contract is incapable of performance within a year or if it is an oral contract for the sale of land, it is barred by the Statute of Frauds.
South Carolina offers fewer formal protections to buyers under land contracts than the laws of many other states.
A legally binding real estate contract must be signed by all parties involved and something of value must be exchanged. A handshake alone is not sufficient to legally seal an agreement. In addition to signatures, a contract must be sealed with a tangible commoditysuch as cash, goods or services.
These conditions will include the closing date, purchase price, financing terms, and expiration date by which both parties must agree to the conditions. Ownership of the property can only be transferred legally if both the seller and buyer agree to the prescribed terms and sign the contract.