Non-compete agreements, in general terms, are agreements that restrict a person or company from engaging in certain business activity for a specified period of time within a specified geographical area. Usually they are used by employers when hiring employees and buyers in business transactions. The rationale is that an employer does not want an employee to learn valuable trade secrets or business methods and then go into competition against the employer. Nor does a buyer want a seller to start a competing business and take customers away from the buyer who just paid for them. These agreements are disfavored and closely scrutinized by South Carolina Courts because they can restrict someone's ability to earn a living. To be valid, these agreements must be limited in scope to a reasonable time period and a reasonable geographical area and be supported by adequate consideration. Each case is different so it is best to get legal advice prior to entering into a non-compete agreement because you may discover that you do not have the protection you intended or, conversely, you may find yourself barred from gainful employment.
Our lawyers often hear a buyer in a residential real estate transaction say, "I was told I don't have to get a new survey." That is correct-you don't have to. But should you? If you request a survey prior to the closing, a registered land surveyor will go to the property and survey its dimensions, locate the improvements on the property, such as the house, measure the building set back lines, note any utility easements as well as any encroachments. The result of the survey is called a plat, which is like a map-like drawing prepared by the surveyor showing the property, the location of the improvements, any easements and any encroachments. The plat can reveal many title problems. The location of the house might violate the building setback requirements. There could be a sewer easement running through the property or, as we have seen, even under the house! The property may not be as large as was thought. A neighbor's fence, driveway or even the house might encroach onto the property or vice versa. Some of these problems are easy to fix but many are not. If they are discovered before the real estate closing, then they are the seller's problem. If they are discovered after you purchase the property, then they will become your problem. The only way to be certain is to obtain a new survey. The purchase of real estate is one of the biggest, if not the biggest, purchase you will ever make. Why take a risk like this to save a few hundred Dollars? In our opinion, a prudent buyer will almost always get a new survey before purchasing real estate.
Separation Agreements are routinely entered into between divorcing couples to settle issues relating to child custody, child visitation, child support, alimony and equitable division of martial property and debts. It is important to know that in South Carolina these agreements are like other legally enforceable contracts, with one major addition-after they are approved by the Family Court they are enforceable by the contempt powers of the Court. This means you can end up in jail for a violation of the agreement! In an effort to save money, often one spouse will rely on the other spouse's attorney to prepare the Agreement and does not seek legal advice prior to signing the agreement. We call this being "pennywise and dollar foolish." You should have us review your separation agreement prior to signing it. It may cost several hundred Dollars now but our legal review could save you thousands of Dollars later.
Thanks to our many loyal friends and clients, in the short time that we have had a Facebook page we have reached 175 fans and counting! When you need our services, whether for a real estate closing, a business transaction, a will, a traffic ticket or whatever, just tell us that you are a fan on Facebook and you will receive a substantial reduction in your fee as our way of saying "thanks." Please keep it a secret. We don't want to be flooded with fans and discounted fees! (lol)
At Sottile & Hopkins we have seen many cases where the method of titling ownership of a joint bank account has led to unintended and often unfair results. Generally, under South Carolina law ownership of a joint bank account with rights of survivorship (the acronym is JTWROS) automatically passes to the survivor(s) named on the account. For example, if a parent adds a child's name to a $100,000 certificate of deposit at the bank in this manner so that the child can access the cash in the event of an emergency or the death of the parent and not have to "worry about probate", that child can claim ownership of the entire $100,000 when the parent dies, leaving the other children out in the cold! We would be happy to discuss alternatives with you that would avoid this outcome.
