13 Oct What Does a Real Estate Closing Attorney do in Hilton Head and Bluffton?

Buying or selling property on Hilton Head Island or in Bluffton is a major transaction. By the time everyone sits down to sign the closing documents, much of the legal work has already been completed behind the scenes.

A local real estate closing attorney guides the transaction from contract to closing, addresses legal and title issues, and helps protect your interests.  Here’s what that work involves, and why it matters when you’re buying or selling property.

Why Is a Closing Attorney Involved?

South Carolina real estate closings are handled by licensed attorneys. For property on Hilton Head Island, in Bluffton, and throughout the Lowcountry, the closing attorney oversees the title examination, closing documents, transfer of funds, and recording of the deed and related documents.

The attorney’s role is broader than conducting the signing. The attorney and closing team coordinate with the parties, real estate agents, lender, title insurer, and others involved so that the legal requirements of the transaction can be completed.

Who Does the Closing Attorney Represent?

It is important to know who the closing attorney represents.  Patterson & Williams generally represents either the buyer or the seller, rather than both parties.  Although the parties usually share the goal of completing the sale, their interests may differ if a question arises about the contract, title, repairs, timing, possession, or closing costs.

Separate representation allows the attorney to give advice focused on one client’s interests.  Many clients come to Patterson & Williams through referrals from their realtor or lender.  Regardless of the referral, the attorney represents the client rather than the referring professional.    

What Does the Attorney Do Before Closing?

The work depends on the property, the contract, the financing, and which party the attorney represents.  In a typical Hilton Head or Bluffton transaction, the attorney and closing team may review the contract, examine title, identify matters that must be resolved, prepare or review closing documents, confirm the closing figures, and coordinate with all of the parties involved. 

This work is intended to identify problems before the scheduled closing.  Title issues, lender requirements, incomplete information, and other unexpected concerns can affect the timing of a transaction.  Addressing them early can help keep the closing on track.

Experience That Helps Resolve Problems

Our attorneys have experience resolving complex title issues that can complicate a purchase or sale.  When a problem arises, we identify the cause, evaluate available solutions, and work to resolve it so the  transaction can move forward. 

Our firm handles both real estate closings and litigation.  That experience helps us recognize and address issues during a transaction that could become disputes later.  By addressing issues before closing, we help protect our clients’ interests beyond the closing table. 

What Happens at Closing?

At closing, the appropriate documents are reviewed and signed.  The documents needed will vary depending on whether the transaction involves financing and whether the client is the buyer or seller.  The attorney also explains the legal documents and answers the client’s questions about the transaction. 

After signing, the attorney completes the remaining steps required to record the transfer of the property and disburse the closing funds.  Signing is the most visible part of the process, but it is only one part of the attorney’s work. 

Why Local Experience Matters

Hilton Head Island and Bluffton transactions frequently involve community or property owners’ associations, condominium and resort properties, investment properties, and parties who live outside of South Carolina.  Property within the Town of Hilton Head Island may also be subject to a municipal real estate transfer fee, with responsibility for the payment of this fee allocated under the contract. 

An attorney familiar with Lowcountry transactions can identify these considerations early and coordinate with realtors, lenders, associations, and other professionals involved. 

Frequently Asked Questions

How is a closing attorney selected in Hilton Head or Bluffton?

Many buyers and sellers are referred to a closing attorney by their realtor or lender.  You, as the buyer or seller, have the right to select any closing attorney you wish to represent you in the transaction. 

Does one attorney represent both the buyer and seller?

Not necessarily.  Patterson & Williams generally represents either the buyer or the seller because the parties’ interests can differ if a disagreement arises. 

Talk With Patterson & Williams About a Hilton Head or Bluffton Closing

Choosing a closing attorney gives you a legal advisor who can help guide the transaction, address issues as they arise, and protect your interests through closing. 

Patterson & Williams represents buyers and sellers in residential, investment, and commercial real estate transactions throughout Hilton Head Island, Bluffton, Beaufort County, and the surrounding Lowcountry. 

Contact Patterson & Williams to discuss an upcoming purchase, sale, refinance, or closing.

Lauren Williams is an attorney with Patterson & Williams, P.A. in Hilton Head, SC.  She can be reached at (843) 341-9300 or lauren@pwpa.law.

This post has been prepared by Patterson & Williams, P.A. for informational purposes only and does not constitute legal advice.  Information or interaction on this page should not be construed as establishing a client-attorney relationship or as legal advice.  For advice about your specific situation, please consult one of our attorneys.