South Carolina Warranty Deed

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What Is a South Carolina Warranty Deed?

A South Carolina warranty deed provides the highest level of protection to a buyer. It legally guarantees that the grantor holds clear title to the property, has the right to sell it, and that the property is free of undisclosed liens or encumbrances. The grantor promises to defend the grantee against any future claims to the title.

When to Use a Warranty Deed in South Carolina

Warranty deeds are the standard instrument for traditional real estate sales. Common uses in South Carolina include:

  • Standard residential and commercial real estate purchases between unrelated parties.
  • Transactions involving a title insurance company and mortgage lender, which almost always require a warranty deed.
  • Transfers where the buyer wants legal assurance against title defects or ownership claims. This is an attorney state, so legal counsel usually guides the closing.

South Carolina Requirements for Warranty Deeds

  • Signing: The grantor must sign the deed.
  • Notarization: The grantor's signature must be acknowledged before a notary public.
  • Witnesses: South Carolina requires two witnesses to sign the deed in addition to the notary acknowledgment. South Carolina is also an attorney-closing state, meaning a licensed attorney must be involved in the real estate closing process.
  • Recording: Record the deed at the County Register of Deeds or Clerk of Court in the county (or town) where the property sits.
  • Transfer Tax / Recording Fees: $1.85 per $500 (state) + county $0.55/$500. Recording fees apply.
  • Legal Description: A formal legal description must be included.

Warranty Deed vs Quitclaim Deed in South Carolina

A warranty deed provides the grantee with a legal guarantee regarding the title and holds the grantor liable for title issues. A quitclaim deed, however, offers no such warranties; it simply transfers whatever interest the grantor has at that moment. Warranty deeds are for standard sales, while quitclaim deeds are usually for transfers between trusted parties or family members.

Frequently Asked Questions

Does a warranty deed prove I own the property in South Carolina?

Yes, a recorded warranty deed is the standard legal proof of ownership. It shows that the property was transferred to you with guarantees of title.

Do I need title insurance if I have a warranty deed?

Yes, it is highly recommended. While the deed gives you the right to sue the grantor for title defects, title insurance ensures you have financial backing and legal defense without having to track down the grantor.

Where do I record a South Carolina warranty deed?

Deeds are recorded at the local County Register of Deeds or Clerk of Court for the jurisdiction where the property is located.

Who pays the transfer tax on a warranty deed in South Carolina?

The transfer tax is $1.85 per $500 (state) + county $0.55/$500. The responsibility for paying this tax is typically negotiated in the purchase agreement, though local custom often dictates whether the buyer or seller pays.

Can I draft a warranty deed myself?

While possible, it is not recommended for standard sales, especially in states with strict closing rules. Title companies or attorneys usually prepare these deeds to ensure accuracy and title insurance eligibility.