Property & Real Estate Law
Going Ward is well-practiced in the areas of real property and real estate law. We’re here to help you navigate nearly any issue you may face in the Lowcountry region. Our list of services is extensive, but if you don’t see what you are looking for below, please contact us and we will do our best to help, or to point you in the direction of someone who may be of better assistance.
In the state of South Carolina, only licensed legal representatives to have the authority to prepare and modify real estate transactions. Going Ward takes care to ensure that the real estate deals, leases, rental contracts, purchase agreements, and funding arrangements of our clients are examined and prepared with careful detail and professional candor; nearly eliminating any risk to our clients during a transaction. Although the majority of real estate transactions in the Lowcountry close without issue, there are times where the case will move to suit. The Going Ward team also works to represent our clients in this capacity furthering our capabilities to offer excellent client representation and protection.
Similar to the services we offer our residential clients, our commercial clients are well represented in the areas of commercial real estate. Our attorneys will advise clients on issues such as zoning ordinances, mortgage and lease contracts, purchase agreements, and other matters related to commercial real estate transactions. From developers to small business owners, our clients are our top priority and we will do our best to ensure that your business remains protected.
Refinancing (Residential & Commercial)
Refinancing can be a process filled with documents and legalese that can be confusing: fees, terms, provisions, etc. The attorneys at Going Ward assist in the refinancing capacity by helping to review documents, explain any legal issues you may be facing, and to assist with contract terms and negotiations.
Title & Deed Disputes
If you are facing a dispute between co-owners of a property, adjacent property owners, or other parties with competing interests, the Going Ward team is here to help. Our specialize and strategic approach provides our clients with advice to help interpret complex title and deed issues, negotiate settlements, mediate compromises, and represent our clients through litigation when necessary.
Development agreements expressly define a development project’s rules, regulations, commitments, and policies for a set period of time. The team at Going Ward will work with our clients to negotiate with parties involved and draft such agreements. Pursuant to the South Carolina Local Government Development Agreement Act, local governments and agencies are empowered to enter into development agreements with land developers. Utilizing Going Ward to assist in the process of obtaining such agreements can greatly reduce or minimize the risk of project delay and approvals which in turn helps our clients develop land in a much more cost-effective and organized manner.
What is an easement? Easements are a property interest that allow the holder to have a right-of-way or use of a piece of property that they themselves don’t actually own. In the Lowcountry area, there are easements for beach access paths, roads, ponds, etc. When facing questions related to an easement, Going Ward can assist by working through all of the documentation, titles, and deeds that may pertain to the land in order to provide advice on proceeding with projects that may include an easement (transfer, scope, termination), or projects seeking to establish an easement by a written document such as a will or contract.
At Going Ward, we treat each transaction with the upmost care and concern. When a lender exhibits misconduct before, during, or after a transaction, and violates their duty of good faith or fair dealing to its customer, the team at Going Ward steps in to help assist the client in getting out of lender traps and, in some cases, recovering their financial loss.
HOA Advisement Attorney
HOA Attorneys help to assist Home Owners Associations draft and enforce policies that set guidelines for the operation and management of communities. Because HOAs are legally bound by these agreements, it is advisable to engage our practice to help in drafting these documents. An HOA Attorney can also help to interpret the language of a community’s governing documents should there be a dispute involving a homeowner.
In the opposite case, an attorney from Going Ward may also represent the homeowner. For example, should there be an issue arising out of the homeowner’s control (example: a construction defect is detected well after the neighborhood is complete), a member of the Going Ward team would represent the homeowner to seek action from the community, developer, or builder.