What is “Unconsionability” in the Law?
What is “unconscionability” in the law, and how is it viewed by the high courts in South Carolina? In this blog we’ll look at the definition of unconscionability, its elements,...
Same-Sex Marriage in South Carolina After Obergefell
The US Supreme Court made history with the 2015 decision Obergefell v Hodges, ruling that same-sex couples have a right to marry under the Fourteenth Amendment of the Constitution. Before...
At-Will Employment in South Carolina: New Supreme Court Rulings
You may know that South Carolina is an at-will employment state. But what does that really mean? In an at-will employment state, work is presumed to be at-will unless otherwise...
What is Inverse Condemnation? How Is It Different from Eminent Domain?
Let’s say a government agency undertakes a construction project that affects your ability to fully enjoy your property and reduces its value, which constitutes a “taking” on the part of...
Tenants in Common with a Right of Survivorship: A Third Alternative in South Carolina
If you’ve bought property in South Carolina with another person or multiple people, then you might be familiar with the terms “tenants in common” and “joint tenants with rights of...
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...
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...
