Stuck with the Terms: Adhesion Contracts After the Landmark 2024 Huskins Ruling
Adhesion contracts are “take-it-or-leave-it” contracts where the contract-writing party dictates the terms and the contract-signing party has little to no room to negotiate. It’s often a large company writing the contract and an individual consumer signing it. We recently covered [...]
Avoid $591/Day Penalty: Business Owners, File a BOI Report ASAP
UPDATE: FinCEN will not issue fines or penalties for failure to file or update BOI information by the March 21st, 2025, according to a statement put out on February 27th. FinCEN will provide an interim rule no later than March [...]
What Is the Legal Rate of Interest in South Carolina in 2025?
On January 6, 2025, the Supreme Court of South Carolina issued an order regarding interest rates on money decrees and judgments for the upcoming year. The legal rate of interest for money decrees and judgments in South Carolina is 11.50% [...]
Mortgage Due-on-Sale Clauses: What Homeowners Need to Know About Garn-St. Germain
Due-on-sale clauses are common in mortgages. A due-on-sale clause allows a lender to demand payment in full on the balance of the loan when the mortgaged property is sold, transferred, or otherwise affected. Fortunately for everyday homeowners, there are exceptions [...]
The Omitted Spouse: When the Spouse is Left Out of the Will
What happens if you leave your spouse out of your will? Or your spouse leaves you out of his or her will? This happens more often than you think. Many couples get married after one or both partners already executed [...]
Can I get Out of a One-Sided Contract? Adhesion Contracts and Unconscionability in South Carolina
UPDATE 03/04/25: In 2024, the Supreme Court of South Carolina took up Huskins v. Mungo Homes where it addressed the issue of adhesion contracts. The takeaway: South Carolina courts will no longer sever illegal or unenforceable terms that violate public policy [...]
I Want to Be Cremated; Does My Family Have to Follow My Wishes?
The short answer is “Yes, IF…” Yes, If You Complete a Pre-Need Cremation Authorization Form South Carolina law (Chapter 8 Title 32) provides that an individual may pre-authorize their own cremation. This pre-authorization is a legally binding agreement between the [...]
What is a Trust Protector and When Do You Need a Trust Protector?
If you know anything about trusts, you have likely heard of the roles of settlor (aka grantor), beneficiary, and trustee. But there’s another role to know about: the trust protector. Let’s look at what a trust protector is, who can [...]
Changing the Rules Mid-Game: What the Connelly v U.S. Decision Means for Closely Held Corporations
If you are a shareholder in a closely held corporation, you need to know about the June 2024 decision from the U.S. Supreme Court case Connelly v. United States (2024). This decision (find it here) could have dramatic consequences for [...]
What Happens When Easements Are Abandoned?
What happens if an easement is abandoned? While most easements in South Carolina last indefinitely, abandonment is one way to extinguish an easement. In that instance, the original rights revert to the property owner(s). This sounds straightforward enough, but, as [...]
What is a Certificate of Tax Compliance and Why Should You Get One for a Business Closing?
If you are planning on buying or selling a business in South Carolina, or a significant portion of its assets, you need to know what a Certificate of Tax Compliance is. A Certificate of Tax Compliance is not mandatory in [...]
How to Disinherit a Spouse in South Carolina Through Elective Share Waiver (Or: Pillow Talk Is Not Enforceable)
A lady came to our offices for help with her estate plan which included setting up a new trust to hold her assets. She planned to leave everything to her kids and nothing to her husband, which she said her [...]
The FTC’s Proposed Final Noncompete Rule: What It Means for South Carolina
*This blog will be updated with new information as it becomes available* UPDATE: On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment stating that the ban should not take effect or [...]
What Makes an Arbitration Agreement Unenforceable?
UPDATE 03/04/25: Some sections below have been revised to reflect the Supreme Court of South Carolina's decision in Huskins v. Mungo Homes (2024). Originally published April 22, 2024: Is it easy to get out of arbitration in South Carolina? That’s the [...]
SC Employers Are Liable for Negligent Selection of Contractors: Understanding Ruh
“Under South Carolina law, can an employer be subject to liability for harm caused by the negligent selection of an independent contractor?” This was the certified question posed to the Supreme Court of South Carolina by the US Court of [...]
