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In order to have a ratified contract there must be acceptance and delivery of the contract. The party accepting the final offer or counter-offer must accept and deliver the signed contract back to the party making the final offer or counter-offer before the offer or...

Last week we examined how to determine when the Ten Business Day Due Diligence period began. This post examines how to determine when it ends.  Paragraph 9A of the Central Carolina Realtors Association contract says that the Buyer will have a ten (10) Business Day Due...

Paragraph 9A of the Central Carolina Realtors Association contract says that the buyer will have a ten (10) Business Day Due Diligence Period beginning at the time of final Contract acceptance to conduct any inspection, examination and testing the buyer desires.  It...

More and more buyers are wiring an incorrect amount for closing.  After inquiring the buyer often says that is "what my lender told me to bring." What the buyer is really saying is "this is the number I saw on the Closing Disclosure Statement that the lender...

We are often asked to add a minor child’s name to the title. The reasons vary from not wanting to prepare a Will to trying to get the lower tax rate for primary residence. The disadvantages of putting your minor child’s on the deed far outweigh the reasons for doing...

The dreaded call that all agents hate to make, "Sorry Seller but the house did not appraise for the purchase price." So what happens next? If  the contract contains an appraisal contingency, Paragraph 6E of the Central Carolina Realtors Association contract controls....

When I started practicing law in 1995, I worked a case with one of the law partners, Frank. The opposing counsel made an error and missed a deadline. When I discovered the attorney's error I told Frank, who called the attorney. The attorney asked Frank to consent to...

When buying a newly constructed home, clients often wonder if they should purchase a land survey (plat).  Buyers often express a belief that new construction means nothing could be wrong.   Lawyers believe a land survey should be prepared for almost all closings, and...

Buyer makes an offer to the seller. Seller adds a material term to the contract in his own hand-writing.  Seller initials the addition and sends the contract back to the buyer. Buyer scratches the additional term and initials the deletion. Contract is then sent to all...

In March 2014, South Carolina Gov. Nikki Haley signed into law a bill that gave military homeowners a tax break on homes that they could not sell before being deployed or re-stationed. South Carolina Code §12-43-220(C)(2)(v)(B) and (C) allows service members to pay...