South Carolina Court Records
Contract Disputes and Property Disputes in South Carolina
The Court of Common Pleas of the South Carolina Circuit Court hears contract disputes and property disputes cases within the state. For small claims matters, the state’s Magistrates Courts handle such cases.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
The name of the person involved in the record, unless said person is a juvenile
The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in South Carolina?
When a contract is entered by any party in South Carolina, a set of obligations are created for the parties to fulfill and some terms to follow. Contract disputes usually arise from the failure of any party to perform their contractual obligations or adhere to the terms noted in the contract.
What are the Most Common Contract Disputes in South Carolina?
Some frequent contract disputes that are prevalent in South Carolina include:
- Business contract disputes: The type of contract dispute concerns disagreements in a business entity. Such disagreements may occur among business partners, shareholders, or between the business and a government agency.
- Fraud/Misrepresentation: Contract disputes may occur if any party is being fraudulent or intentionally misrepresent its motive.
- Non-compete agreements: Such agreements are between employers and employees and aims to stop employees from working with the employer’s competition.
- Errors in contracts: When errors occur during the drafting of contracts, it may misrepresent ideas and lead to disputes later on.
What is South Carolina Contract Law?
In South Carolina, a contract occurs when persons or organizations create some terms and make promises that they are obligated to fulfill. Title 32 of the South Carolina Code of Laws covers the scope of contract law in the state. Valid agreements are to be in writing and signed except as otherwise stated in the Statute of Frauds statute.
What is a Breach of Contract in South Carolina?
In South Carolina, when a party that enters a contract fails to keep the promises made, a breach of contract is said to have occurred. Breach of contracts may arise from a party’s negligence towards their obligations or through the violations of the contractual terms.
What are the Remedies for a Breach of Contract in South Carolina?
The following are among the possible remedies available for a breach of contract in South Carolina:
- Negotiation: This may not involve any form of litigation. The involved parties may decide to resolve the breach of contract through discussion.
- Specific performance: The court may award the remedy of specific performance to the non-breaching party especially if financial damages cannot adequately compensate for the breach.
- Compensatory damages: The court may award compensatory damages in which the breaching party will have to financially settle the aggrieved party.
- Contract reformation: The parties can agree to make some adjustments in the contract so that it reflects their actual objectives.
- Contract Recission: This remedy involves the dissolution of the contract with other actions that ensures that all parties are in the position they were before they reached the agreement.
Interested parties can file a breach of contract action at either South Carolina Circuit Courts or Magistrate Courts. The Magistrate Courts hear breach of contract cases if the damages amount to $7,500. Contract disputes involving more than $7,500 are heard by the Circuit Courts. Complainants can initiate a civil action by filing a summons and complaint with the clerk of court located in the county where the defendant resides. The court charges a filing fee of $150.
What Defenses Can Be Used Against a Breach of Contract Claim in South Carolina?
- Impossibility of performance: This means that the party could not fulfill their contractual obligations due to the impossible nature of the project.
- Mutual mistake: If the defendant can establish that mistakes were made by both sides in the contract, the court may exonerate them of being guilty of a breach.
- Substantial performance: Defendants can use this form of defense to argue that they performed a significant part of their obligations as agreed in the contract and the alleged breach did not affect the performance.
- The illegality of contract: Contracts are not enforceable if the terms or contractual obligations constitute a violation of the South Carolina laws.
- Defendants can lack the capacity under the law to agree to a contract, especially if they are mentally helpless or minors.
- Defendants may also defend themselves if the parties entered the contract verbally and it is invalid under the Statute of Frauds law.
- The alleged breaching party can use the state’s statute of limitations as a defense if the plaintiff initiates the breach of contract action after the legal period elapses.
What are Property Disputes in South Carolina?
Property disputes in South Carolina usually encompass disagreements between property owners over real estate. Title 27 of the South Carolina Code of Laws contains statutes concerning property matters in the state.
What Are Some Common Types of Property Disputes in South Carolina?
Property disputes in South Carolina may arise due to matters that include:
- Tree Damage disputes: The state has laws that protect tree owners if there is intentional damage to their trees. Disagreements may also occur if a tree from an individual’s property falls and destroys another person’s property.
- Landlord-tenant disputes: Such disputes occur between property owners and their tenants about eviction, rent, or accountability of damages done to the property.
- Property line disputes: Such disputes are usually between neighbors, and it involves disagreements about the boundary of their properties.
- Trespassing: This is a disagreement that happens when there is an illegal intrusion of someone’s property. The alleged trespasser may be squatting on the property.
- Disputes over the ownership of a property: Opposing parties may disagree on the right owner of a particular property.
How to Find Property Lines in South Carolina?
Property lines in South Carolina show the boundaries of properties with the use of indicators like walkways, fences, and hedges.
Interested persons can find property lines at the county level by requesting such information from the assessor’s office. Most county websites also provide a GSI database that individuals can use to access maps of their geographical location. Alternatively, property owners can employ the services of a surveyor to conduct a survey of the property and determine the boundary lines.
How do I Find a Property Dispute Lawyer Near me?
Persons involved in a property dispute and need a lawyer may visit the South Carolina Bar Find a Lawyer page. The page offers a lawyer referral service that individuals may use to find lawyers experienced in property disputes.