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Common Legal Issues in Mount Pleasant Real Estate Closings

Buying or selling property in Mount Pleasant, SC is an exciting milestone, whether you’re closing on a waterfront home near Shem Creek, a commercial space near I’On, or a mixed-use investment in Old Village. But real estate closings can involve complex legal issues that, if overlooked, may delay your transaction or create unexpected liabilities.

At Buxton & Collie, LLC, our Mount Pleasant real estate lawyers guide buyers and sellers through these complexities with practical advice rooted in local rules and best practices. Below, we explore common legal challenges in Mount Pleasant closings and how to handle them effectively.

Ensuring Clear Title Before Closing

One of the most frequent issues that arises in real estate closings is title clarity. A clean title confirms that the seller actually owns the property and that no third party has a legal claim against it. Common title roadblocks include:

• Unpaid property taxes or municipal liens that must be paid off before closing.
• Judgments or creditor liens that attach to the property and cloud ownership.
• Boundary discrepancies revealed by surveys that don’t match deed descriptions.

These issues need to be identified and resolved before ownership transfers. An experienced real estate attorney verifies title records and works with title companies to ensure your ownership is marketable and secure.

Understanding and Negotiating Contract Terms

Real estate contracts often contain clauses that can affect the transaction’s outcome. Buyers and sellers in Mount Pleasant should pay special attention to:

• Inspection and financing contingencies to ensure you have legal room to walk away or renegotiate if concerns arise.
• Clear deadlines for inspections, loan approvals, and closing dates — missing these can jeopardize the deal.
• Required disclosures under South Carolina law, which obligate sellers to reveal known property issues. 

A local real estate lawyer reviews your contract’s language and negotiates terms that protect your interests in both typical and tight-timeline scenarios.

Financial Issues That Can Complicate Closings

Money matters can become sticking points if not anticipated early in the process:

• Appraisal gaps occur when a lender’s appraisal comes in below the purchase price, forcing renegotiation or larger down payments.
• Delays in loan approval can push closing dates and trigger penalties under your contract.
• Unexpected closing costs, such as municipal impact fees or new transfer taxes, may catch buyers or sellers off guard if not planned for.

Real estate attorneys help interpret lender requirements, negotiate adjustments, and ensure all financial obligations are transparent before signing.

Zoning, Land Use Rules, and Local Permits

Mount Pleasant has its own Planning, Land Use, and Neighborhoods Department, which administers zoning and land development regulations, governing how properties can be used and developed. 

It’s important to confirm that your intended use of a property complies with:

• Mount Pleasant’s Zoning Ordinances and Land Use Regulations, including recent updates to zoning codes. 
• Overlay districts or special land-use rules (e.g., waterfront, commercial, or mixed-use zones).
• Permit and development requirements, which can affect renovation or construction plans post-closing.

Many buyers first discover zoning restrictions when they seek to change uses after buying. A local attorney can review zoning classifications, help interpret local ordinances, and support applications for variances or permits when needed.

HOA and Community Restrictions

Many Mount Pleasant neighborhoods, especially planned communities, like I’On and others, have homeowners associations (HOAs) with their own covenants, conditions, and restrictions (CC&Rs). These rules can govern everything from exterior paint colors to rental policies. Understanding HOA obligations in advance prevents surprises after closing.

Why Local Legal Guidance Matters in Real Estate Transactions

South Carolina is one of the few states that requires an attorney to supervise real estate closings and, in Mount Pleasant, this requirement takes on special importance due to unique local regulations and development standards. A local attorney’s role includes:

• Conducting title review and clearing any encumbrances before closing.
• Confirming that contract terms and disclosures meet state and municipal requirements.
• Navigating zoning and planning rules that impact property use.
• Anticipating and resolving legal issues before they disrupt your closing.

Work With a Mount Pleasant Real Estate Lawyer You Can Trust

Whether you’re closing on a family home, selling an investment property, or reviewing commercial site conditions near Coleman Boulevard, the legal steps you take now matter. At Buxton & Collie, LLC, our real estate attorneys combine local expertise with strategic insight to help you close with confidence.

Ready to protect your investment and streamline your closing?

Complete our online contact form to connect with our team. We’ll help you understand your options, resolve legal issues, and ensure a smooth closing in Mount Pleasant’s dynamic real estate market.