The Role of a South Carolina Escrow Attorney in a Smooth Real Estate Closing
The Role of a South Carolina Escrow Attorney in a Smooth Real Estate Closing
Buying or selling real estate in South Carolina involves more than signing paperwork and exchanging keys. A successful closing requires careful coordination, legal oversight, and strict compliance with state laws. In South Carolina, an attorney plays a central role in the closing process, including handling escrow funds and ensuring that the transaction is completed properly.
At E Scott Sanders LLC, we can provide legal assistance to the Greensville public and guide clients through every stage of a real estate closing.
Why South Carolina Requires Attorney Involvement in Closings
South Carolina is an attorney-closing state. This means that a licensed attorney must oversee and conduct the real estate closing. The attorney’s involvement helps ensure that all legal requirements are met and that both buyers and sellers are protected throughout the transaction.
Unlike in some states where title companies handle most of the process, South Carolina law requires direct attorney supervision. This provides an added layer of protection for everyone involved.
What Is Escrow in a Real Estate Transaction?
Escrow refers to funds or documents held by a neutral third party until certain conditions are met. In a real estate transaction, this typically includes:
- Earnest money deposits
- Down payments
- Loan proceeds
- Documents such as deeds and title paperwork
The escrow attorney safeguards these funds and documents until the transaction is ready to close. Once all contractual obligations are satisfied, the attorney disburses the funds and records the necessary documents.
Key Responsibilities of a South Carolina Escrow Attorney
A South Carolina escrow attorney performs several important duties to keep the closing on track.
Managing Escrow Funds
The attorney receives and holds earnest money and other funds in a designated trust account. These funds are protected until the conditions of the purchase agreement are fulfilled.
Conducting a Title Search
Before closing, the attorney examines public records to confirm that the seller has clear title to the property. If there are liens, judgments, or other title issues, the attorney works to resolve them before the transaction is finalized.
Preparing and Reviewing Legal Documents
Real estate transactions involve multiple legal documents, including the deed, settlement statement, loan documents, and affidavits. The attorney prepares or reviews these documents to ensure accuracy and compliance with South Carolina law.
Overseeing the Closing Meeting
At closing, the attorney explains the documents, ensures all signatures are properly executed, and confirms that funds are correctly distributed.
Recording and Finalizing the Transaction
After the documents are signed, the attorney records the deed and mortgage with the appropriate county office. This step legally transfers ownership and protects the buyer’s rights.
How an Escrow Attorney Helps Prevent Problems
Real estate transactions can be delayed or disrupted by title defects, missing documents, financing issues, or disputes between parties. An escrow attorney helps identify and address potential problems early in the process.
By ensuring that escrow funds are properly handled and that all legal requirements are satisfied, the attorney reduces the risk of costly mistakes and last-minute surprises.
Protecting Buyers and Sellers in Greensville
Whether you are purchasing your first home or selling investment property, the closing process can feel overwhelming. Having an attorney oversee escrow and manage the legal aspects of the transaction provides peace of mind.
At E Scott Sanders LLC, we can provide legal assistance to the Greensville public and help ensure your real estate closing proceeds smoothly, efficiently, and in compliance with South Carolina law.










