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Seller Breach of Contract

A seller breach can take many forms (e.g. failure to allow inspections, failure to make required repairs, failure to deliver vacant premises, failure to deliver marketable title, etc.).  The question above concerns a seller’s absolute refusal to close – this form of breach brings the transaction to a complete stop and best illustrates the options …

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Solar Panels

Solar Panel Purchase/Lease Plans and How They’re Handled at Closing     The existence of solar panels will probably not be found in a title search because solar panel agreements are not recorded at the courthouse.  Solar panels very definitely should be addressed in the transaction because the after-effects of not doing so may become unpleasant …

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Tenant Estoppel

What is a Tenant Estoppel?     A “tenant estoppel” is a document signed by an existing tenant in which the tenant acknowledges certain things about the status of the lease and the landlord-tenant relationship.  It is significant because a purchaser of the property will step into the seller’s shoes and will inherit the seller’s landlord …

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Electronic Signatures

Are Electronic Signatures Binding?    First, let me explain the controlling law.  A version the Uniform Electronic Transactions Act was adopted in South Carolina several years ago and appears as SC Code §26-6-10 et seq.  This Act governs electronic signatures, which are defined in the Act as “an electronic sound, symbol or process attached to …

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Allowable v. Non-Allowable Costs

What Are FHA/VA Allowable v. Non-Allowable Costs?    “Allowable” and “non-allowable” are terms unique to FHA and VA loans (also USDA, but we don’t see many of those).  An “allowable” cost in a VA loan is a cost the veteran is allowed to pay, whereas a “non-allowable cost” cannot be paid by the veteran, but …

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Tax Sale Deed

What is a Tax Sale Deed?   A “tax deed” is issued by the Delinquent Tax Office – it is not a warranty deed and title is not deemed to be either “marketable” or “insurable.”  You own the property subject to any imperfectionsin the tax sale process.  The tax sale process is rigidly specific and, …

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Seller Financing and Private Third-Party Financing Under the Dodd-Frank Act

The Dodd-Frank Act (“Act”) limits the situations in which seller-financing and/or private third-party financing may make take place.  Under the Act, any person who offers and/or negotiates the terms of a residential mortgage loan is deemed to be a “mortgage loan originator” and must be licensed.  In that most sellers are not “mortgage loan originators,” …

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Short-Term Rentals (Managed)

NOTE: Even though “short-term” can refer to any rental period of 90 days or less, this memo deals only with true vacation rentals in which rentals are weekly or monthly.  If the rental periods are greater than this, refer to the memo on “Long-Term Leases (Managed)”   Things to Know: The Vacation Rental Act applies. [The Vacation …

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Short- Term Rentals (Unmanaged)

NOTE: Even though “short-term” can refer to any rental period of 90 days or less, this memo deals only with true vacation rentals in which rentals are weekly or monthly.  If the rental periods are greater than this, refer to the memo on “Long-Term Leases (Managed)”   Things to Know: The Vacation Rental Act applies [See …

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Long-Term Leases (Managed)

Things to Know: The Management Agreement will continue to control after closing. If the buyer wishes to have another company manage the property, the buyer will need to know whether the existing Management Agreement can be terminated. Some Management Agreements can be terminated upon written notice, but others cannot be terminated so long as the …

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Long-Term Leases (Unmanaged)

Things to Know: The buyer steps into the seller’s shoes as landlord. This means the buyer will be: a) subject to a claim by the tenant that the seller has breached (i.e. failed to repair, etc.); and b) is responsible for the Security Deposit at the end of the lease term.** **IMPORTANT: SC Code §27-40-450 …

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