Sottile Hopkins and Daniel Attorneys At Law

Information may not be reliable

As mortgage interest rates continue to drop, this article continues to be relevant:
In South Carolina, the law requires that a licensed attorney conduct the closing of the purchase or refinance of real estate and the law also provides that the buyer or the borrower has the right to select their closing attorney. Far too often, a lender or a real estate agent refers you to their "preferred" attorney for the closing under the pretext of convenience (theirs) or saving you a few Dollars, or they simply do not make it clear that you have the right to select your own closing attorney and you are duped into using an attorney you otherwise would not have hired. Do not be fooled or bullied by anyone. Let your real estate agent or loan officer know that your have made your own decision to hire a real estate attorney whom you know and trust to protect your interests in the transaction.

It seems like several times a year we get phone calls from distressed clients who have purchased a new car at a dealership a day or two before and want to cancel the transaction for any number of reasons, usually because they have realized that they cannot afford the car. They have "heard" that there is a three day right to cancel the car purchase and they want our help. Unfortunately, we have to advise them that in their case there is no such right in South Carolina.
State and federal laws do give a buyer the right to rescind a purchase that was made at the buyer's home. For example, a traveling salesman knocks on your door and convinces you to buy an expensive encyclopedia set. You have three days (excluding Sundays) after the purchase to notify the encyclopedia company that you want to cancel ("rescind" is the legal term) the deal. So in our car example, if the car salesman came to your home and sold you the car, you would have the legal right to cancel the transaction within the next three business days.
Most clients are familiar with the right of rescission when they refinance their home mortgages with a bank. You have three business days after signing the loan documents to cancel the transaction if you so choose. Please keep in mind that this right only applies to your primary residence and not to residential rental property or commercial property.
By statute, South Carolina gives the purchaser of a vacation time share unit five days after the purchase to cancel the transaction, regardless of whether the sale took place at the office of the seller or at your home.
Take your time when entering into any major financial transaction and make sure that you have examined all aspects of the transaction and made an informed decision. That way you should never have to worry if you can cancel after the fact.

Many people whom we represent believe that if the police do not read them their Miranda rights when they are arrested, their cases will be dismissed. That belief is incorrect. In fact, voluntary statements made to police may be used against you at trial even if Miranda warnings are not given.
Miranda warnings inform you of your basic rights when you are arrested. These rights include:
• the right to remain silent • anything you say can be used against you at trial • you have the right to an attorney and to have your attorney present during questioning • if you can't afford an attorney, one will be appointed for you
Miranda warnings only apply to police questioning when a suspect is in their custody. You can be in police custody without being formally arrested if you are deprived of your freedom in a significant way.
If the police do not provide Miranda warnings to a suspect in their custody, any statements made by the suspect during police questioning are not admissible at trial and this may extend to evidence obtained as a result of the questioning in violation of Miranda.
If you are arrested or questioned by police, it is probably in your best interest to decline to answer any questions until you have received advice from an attorney.

Although many people do not realize it, on-line social networking (such as a page on Facebook or tweets on Twitter) by lawyers is subject to the same legal ethical rules as running a television commercial, a newspaper ad or any other use of the media to promote the lawyer's practice. Reflecting on this, please be reminded of the following points:
• We are licensed to practice law in the State of South Carolina, and the federal court for the District of South Carolina, and no other jurisdictions.
• Periodically we post general information based on South Carolina law, only, which we hope is helpful to you in gaining a better general understanding of the topic covered.
• Nothing we post on this or any other website should be construed as the rendering of legal advice or the solicitation of your legal business.
• Do not attempt to communicate with us on Facebook or any other on-line site about a particular legal issue or case. Please send us an e-mail, call us by telephone or make an appointment for an office visit. What could otherwise be considered to be a privileged communication from a client to a lawyer will no longer be deemed so if posted on a website.
• "Testimonials" from clients are not allowed. You may think that we are the greatest lawyers this side of the Mississippi but you are not allowed to post that statement or any other statement praising our work to a website that we control, such as this one.
On-line social networking on the Word Wide Web can be a great tool for any business, including a lawyer's. However, as with most other matters regarding the Internet, one must use care and caution in deciding what information should be published for the entire world to see, especially on a legal site.

Where is Your Original Will?
At Sottile & Hopkins we get many calls over the course of the year from clients (or family of deceased clients) asking if we have their original wills. Many people think that their will is filed at the court house after it is signed. The only procedure in South Carolina for filing your will in the normal course of things is upon your death. Most folks don't want to file it quite that badly. We give the original will to the client after making a signed copy for our file, which we keep for seven years. The original will should be kept in a bank safe deposit box or in a fire-proof box at your home or office. If the original is lost, the copy we retain may be of some use unless any heirs of the decedent object. Some lawyers offer to keep the original will knowing that the family will have to come back to them to get the original after death and they hope to get hired to handle the probate administration. We do not like that approach. We believe that the client should keep the original will in almost every case. Years later a new will might be drafted by a different attorney, resulting in the existence of two original wills which can cause much needless confusion after the client's death.

We are a general practice law firm serving the greater Charleston, SC area. Our attorneys handle business transactions, real estate, criminal defense, family law, wills and probate, and municipal law

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