Heard that you need a lawyer to close on a home in South Carolina? If you are buying or selling in Grande Dunes, this rule shapes your entire timeline, paperwork and who sits at the closing table. You want a smooth, secure transfer with no last‑minute surprises. In this guide, you will learn why South Carolina uses attorneys, what your attorney actually does, and how to prepare for a seamless Grande Dunes closing. Let’s dive in.
Why South Carolina uses attorneys
South Carolina treats key parts of a real estate closing as the practice of law. The South Carolina Supreme Court held that title work, document preparation and supervision of the closing must be performed or supervised by a licensed South Carolina attorney. The leading case is State v. Buyers Service Co., which explains why you will see an attorney at the closing table in our state. You can review the court’s reasoning in the Buyers Service decision.
State law also protects your choice of counsel. Lenders must ask for and follow the borrower’s preference for a closing attorney. See the borrower preference rule in S.C. Code § 37‑10‑102.
What your closing attorney does
Title and lien review
Your attorney performs or supervises a title search, checks for liens or easements and prepares a title opinion. This step finds and helps resolve issues before they can derail your closing.
Document preparation and legal review
Your attorney prepares or reviews your deed, mortgage, affidavits, payoffs and lender package. The goal is to confirm the documents reflect your deal, comply with South Carolina law and are ready for recording.
Supervised signing and notarization
At closing, the supervising attorney confirms identities, explains documents when asked and ensures signatures and notarization meet state requirements. Remote participation is sometimes possible under court guidance, but you should confirm with your lender and attorney. The state’s guidance on remote participation is available from the South Carolina Judicial Branch.
Funds collection and disbursement
Your attorney coordinates wires or certified funds, then disburses money based on the settlement statement. This includes lender payoffs, commissions and your net proceeds. After closing, the attorney records the deed and mortgage and returns recorded documents to the parties.
Title insurance and community items
In South Carolina, owner’s title insurance is often paid by the seller, although this is negotiable. Ask your attorney for an itemized estimate early. For an overview of typical closing cost ranges and title insurance customs, see this South Carolina closing guide.
Grande Dunes specifics to expect
Choosing your attorney
If you are financing, you generally choose the closing attorney for your loan. Your lender must ascertain and comply with your preference under S.C. Code § 37‑10‑102. Share your choice early so the lender sends the package to the right firm.
Fees and estimates
Attorney fees vary by firm and complexity. Many routine closings quote a flat fee that can range from several hundred dollars to above one thousand dollars depending on title work, payoffs, and HOA or condo needs. Ask for a written, itemized estimate that includes attorney fees, title insurance, recording and any anticipated association charges. See this consumer overview of typical South Carolina closing costs.
Horry County recording and deed tax
South Carolina charges a deed recording fee often called deed stamps. The state rate is calculated at $1.85 for each $500 of the purchase price. Your attorney prepares the deed, calculates the tax and records with Horry County. You can review the state’s deed recording fee details on the South Carolina Department of Revenue site.
CL‑100 termite letter timing
Most lender transactions require an Official South Carolina Wood Infestation Report, known as a CL‑100. Reports are time‑sensitive, typically valid for 30 days. Coordinate this early so your lender has a current letter by closing. Learn more in the state regulation for CL‑100 reports.
HOA estoppels and amenities
Grande Dunes includes multiple master and sub‑associations, plus amenities. Closing teams often order HOA resale certificates and estoppel letters to confirm assessments and compliance. These requests can add time and fees, so start them early. For a plain‑English overview of what estoppels include, read this guide to HOA estoppel certificates.
Remote and out‑of‑state closings
If you are relocating or seasonally away, ask about remote options. South Carolina permits attorney‑supervised remote participation when identity and notarization requirements are met and the lender and title insurer approve. See the Judicial Branch guidance, then confirm specifics with your team.
Keep your closing smooth
Use these quick checklists to stay ahead.
Buyers
- Share your preferred closing attorney with your agent and lender when you make an offer.
- Request a detailed cost estimate, including title insurance and recording.
- Order your CL‑100 early and confirm delivery to the attorney and lender.
- If the home sits in a sub‑association, expect separate HOA documents and fees.
Sellers
- Confirm who pays for owner’s title insurance and HOA transfer or estoppel fees in your contract.
- Gather payoff information and association contacts for quick ordering.
- If repairs or CL‑100 treatments are required, complete them promptly and provide receipts to the attorney.
Who the attorney represents
In many South Carolina loan transactions, the closing attorney represents the borrower after proper disclosure. If you prefer separate counsel, you can hire your own and should communicate that early. For ethics guidance on identifying the client in a closing, see the South Carolina Bar Advisory Opinion 09‑07.
Ready to close with confidence
A knowledgeable team makes all the difference in Grande Dunes. From selecting the right attorney to coordinating HOA documents and remote logistics, you deserve a smooth, well‑timed experience that protects your interests. If you are planning a purchase or sale, connect with Angela Bohnaker for concierge guidance tailored to Grande Dunes and the Grand Strand.
FAQs
Why are attorneys required in South Carolina closings?
- The South Carolina Supreme Court treats title work, document preparation, supervision of the signing, disbursement and recording as the practice of law, so a licensed South Carolina attorney must perform or supervise those steps. See the Buyers Service case.
Do I get to choose the attorney for my Grande Dunes purchase?
- If you are borrowing, yes. Lenders must ascertain and follow your preference for legal counsel under S.C. Code § 37‑10‑102.
How much are deed recording taxes in Horry County?
- South Carolina charges $1.85 per $500 of consideration for deed recording. Your attorney calculates and pays this at recording with Horry County. See the state deed recording fee overview.
What is a CL‑100 and why is it important?
- The CL‑100 is the Official South Carolina Wood Infestation Report. Lenders typically require a current report, which is usually valid for 30 days. Details appear in the state CL‑100 regulation.
Can I close remotely if I live out of state?
- Often yes. South Carolina permits attorney‑supervised remote participation when identity, notarization and lender or title insurer requirements are met. Review the Judicial Branch guidance.
