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Author: Law Office of Gem McDowell, P.A

Get It in Writing – It’s the Law

Have you heard that oral contracts are legally binding? While many verbal agreements are valid and can be upheld in court, that’s not always the case. South Carolina law requires...

Accretion and Property Rights on Sullivan’s Island

Imagine you own beachfront property in South Carolina just steps away from the ocean. Now imagine that over time, the distance between your home and the ocean gets larger and...

Marketability and Minority Discounts in South Carolina Courts

If you’re a part owner of a closely held corporation, it can be challenging to determine the dollar value of your interest in it. Not only do closely held corporations...

What Does It Take to Prove Undue Influence when Contesting a Will?

Undue influence is one of the most common reasons a last will may be found invalid in South Carolina, along with procedural errors and lack of testamentary capacity. (Read more...

What Happens If You Sell the Same Land to Two Separate Parties? Specific Performance as a Remedy

When seeking justice through the courts, a person or party who has been wronged may receive compensation to help right that wrong. That compensation may be a “legal remedy,” which...

Doing Good While Making Money: Benefit Corporations in South Carolina

You’ve heard of C-corps and S-corps, but what about B Corps? B Corp is short for benefit corporation, a type of for-profit business entity that is regulated by state law....

Can Your HOA Foreclose on Your Home for Non-Payment of Dues?

Losing your home in a foreclosure because you missed a $250 HOA payment – can that actually happen? Is it even legal? Yes and yes. This exact situation happened to...

What Makes a “Grossly Inadequate” Sales Price: The Debt Method vs. the Equity Method

In South Carolina, a judicial sale of a property can be set aside if the sales price is “inadequate.” Either the sales price must be “inadequate” and also involve fraud,...

How A South Carolina Couple Missed an HOA Payment and Lost Their Home

Imagine this situation: You miss an HOA payment. Then you receive some legal documents in the mail, put them in a drawer, and forget about them. When the HOA sends...

What Is HEMS and What Does it Mean for Trustees?

HEMS is an acronym that stands for Health, Education, Maintenance, and Support. It’s commonly used in trusts as a way to guide and restrict the kinds of distributions that a...
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