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October 29, 2025Real Estate Transactions on the Grand Strand: Common Legal Pitfalls and How to Avoid Them

Buying or selling property along the Grand Strand is an exciting step, but real estate transactions can come with complex legal risks. Whether you are closing on a home in Myrtle Beach or investing in property along the coast, understanding local laws and potential issues can help protect your investment. From zoning rules to title defects, South Carolina has specific legal requirements that every buyer and seller should know.
Zoning and Land Use Surprises
One of the most common legal snags in Grand Strand real estate involves zoning and land use. Coastal towns like Myrtle Beach have strict zoning rules about what can be built and where. Buyers who want to add a rental unit or run a home business might be surprised to learn that the zoning does not allow it. A real estate attorney can review local ordinances and let you know what is possible before you buy.
Flood zones are another important consideration. South Carolina requires sellers to disclose whether a property is in a flood zone, but buyers should still investigate insurance requirements and long-term risks. A lawyer can guide you through FEMA maps and floodplain regulations that affect your plans.
Title Problems and Boundary Disputes
Even with a signed contract, you cannot assume the property title is clean. Title searches sometimes uncover unpaid liens, incorrect deeds, or unresolved ownership issues. These problems can delay or derail a closing. A South Carolina attorney will help ensure clear title, handle title insurance, and resolve any red flags before they become major problems.
In older neighborhoods, boundary lines are another issue. Fences, sheds, or driveways might sit partially on another property. Survey reviews and title documentation can catch this early, helping you avoid costly legal disputes with neighbors after closing.
Disclosure Rules for South Carolina Sellers
Under South Carolina law, sellers must provide a Residential Property Condition Disclosure Statement. This form includes details about water damage, mold, structural issues, roof history, and more. Failing to disclose known problems can lead to legal action.
That said, buyers should not assume everything is disclosed. Inspections and due diligence are still crucial. An attorney can help review disclosures, request clarifications, and recommend inspections that reveal hidden issues.
Common Contract Errors
Real estate contracts might look standard, but every deal has unique terms. If the contract does not clearly spell out financing, repairs, or occupancy dates, the deal can fall apart or lead to future legal action. One of the most common pitfalls is misunderstanding “as-is” clauses. Sellers often include these to avoid making repairs, but buyers should understand what that truly means for them.
South Carolina real estate attorneys help draft, review, and negotiate contracts to ensure everything is accurate and fair. They can also explain timelines, contingencies, and what happens if someone defaults.
New South Carolina Real Estate Laws for 2025
In 2025, South Carolina enacted updates affecting residential transactions. Among the changes are tighter flood-zone disclosure rules and more specific requirements for attorney-led closings. Now more than ever, having legal support is not just smart but necessary.
Buyers and sellers must follow procedures when using digital signatures, and remote closings are more regulated. If your closing involves out-of-state parties or investors, you should make sure your documents and process meet updated legal standards.
Why You Need Legal Guidance for Real Estate Transactions
The Grand Strand is one of the fastest-growing areas in South Carolina. That growth brings opportunity, but also legal complexity. A local real estate attorney understands Myrtle Beach zoning, Horry County property rules, and the unique pressures of buying and selling near the coast.
At Winslow Law, we help clients across the Grand Strand protect their property investments. Whether you are a first-time homebuyer, a retiree relocating to the beach, or a local developer, we are here to help you avoid common legal pitfalls.
If you’re buying or selling property along the Grand Strand and want trusted legal guidance through every step of your real estate transaction, reach out to Winslow Law for a no-obligation consultation.
Winslow Law—Committed counselors for our clients and community.
FAQs
1. Do I need a lawyer to buy a house in South Carolina?
Yes. South Carolina law requires that an attorney handle the closing process, including preparing and recording documents. This protects both buyers and sellers by ensuring the transaction is legal, binding, and properly filed.
2. What are the most common problems in real estate closings?
Common issues include title defects, unpaid taxes, zoning violations, contract errors, and unclear boundary lines. A real estate lawyer helps catch and fix these problems before they delay or stop a closing.
3. What happens if the seller did not disclose a problem with the home?
If a seller knowingly failed to disclose a material issue, they could be held legally responsible. You might be able to recover repair costs or cancel the sale in some cases. An attorney can help you understand your rights and what legal action, if any, you can take.



