Yes. South Carolina is an attorney-closing state. The SC Supreme Court has held that residential real estate and mortgage closings must be conducted under the supervision of a licensed South Carolina attorney. That attorney oversees the title search, the closing documents, the signing, and the recording and disbursement of funds.
Last updated: October 2026
Why does South Carolina require an attorney at closing?
The rule comes from the state's highest court, not from a statute. In State v. Buyers Service Co. (1987), the South Carolina Supreme Court said real estate and mortgage loan closings "should be conducted only under the supervision of attorneys." The court's reasoning was public protection: a closing involves legal documents, and someone qualified to give legal advice has to be in charge.
Later decisions kept that rule in place. A 2026 SC Bar ethics opinion summarizes the 2017 Boone v. Quicken Loans decision, which lists the steps of a residential transaction that count as the practice of law and must be done or supervised by a South Carolina licensed lawyer.
What does a closing attorney actually do?
The attorney's job covers the legal steps between a signed contract and you holding the keys. Based on the steps the SC Supreme Court described in Boone, that includes:
- Title search and certification, which confirms the seller can transfer clear title
- Preparing the deed and other closing documents
- Conducting the closing itself and explaining what you are signing
- Recording the deed and disbursing the money to the right parties
Buyers usually also get title insurance through the closing attorney's office. Ask the attorney to explain the difference between the lender's policy and an owner's policy so you can decide on the owner's coverage.
Who picks the closing attorney, the buyer or the seller?
In most Grand Strand purchases the buyer chooses the closing attorney, and the choice is often written into the purchase contract. The attorney typically represents the buyer and the lender at closing. If you are the seller, you can hire your own attorney to review the deed and your side of the paperwork.
If you are buying new construction, some builders suggest or offer incentives tied to a particular attorney or lender. Read that part of the contract carefully, and ask us before you sign so you know what you are agreeing to.
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Can you close remotely if you live out of state?
Yes, many out-of-state buyers close without flying in. South Carolina attorneys can conduct a closing by mail as long as the attorney still supervises every part of it, according to SC Bar ethics guidance on mail-away closings. The attorney's office sends the signing package, you sign in front of a notary where you live, and you send the originals back. Wire instructions should only ever be confirmed by phone with the attorney's office at a number you looked up yourself.
How much does a closing attorney cost in Myrtle Beach?
Attorney fees vary by firm, by price point, and by whether you are paying cash or using a loan, so we do not quote a number here. Your lender's Loan Estimate will list the settlement and title charges, and you can ask two or three local closing offices for a quote before you choose. We can share the names of firms our clients have used.
Frequently Asked Questions
Is a real estate agent the same as a closing attorney?
No. Your agent helps you find the home, negotiate, and manage deadlines. The closing attorney handles the title work, legal documents, signing, recording, and disbursement.
Do cash buyers need a closing attorney in South Carolina?
Yes. The attorney-supervision rule applies to residential real estate closings, not only to mortgage loans, so cash purchases still close through a South Carolina attorney.
Does the seller need a lawyer in South Carolina?
Sellers are not required to hire their own attorney, but they can. Many sellers rely on the closing attorney to prepare the deed and pay off their mortgage.
Can a title company close a house in South Carolina?
A title company can be involved, but the closing must be supervised by a licensed South Carolina attorney under the SC Supreme Court rulings.
When should I choose a closing attorney?
Choose one when you write your offer, since the contract usually names the closing attorney and the title work starts soon after it is signed.
How Our Team Can Help
Buying on the Grand Strand from another state is easier when someone local is coordinating the lender, the inspector, and the closing attorney. Call or message the Secure Home Finder Team and we will walk you through it, then send you homes that fit.
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