Are witnesses required for a deed in South Carolina?

Yes. South Carolina practice requires two witnesses for deeds. Ensure both witnesses sign in the grantor’s presence and that their names and addresses are included if required by the county recorder.

Can a deed be executed electronically?

Electronic signatures are legally recognized under ESIGN and UETA, but local recording offices set acceptance rules. Confirm county recorder policies for electronic execution and whether in-person notarization or RON is required.

What happens if the legal description is wrong?

An incorrect legal description can cloud title and may require a corrective deed or reformation action. Correct the description before recording whenever possible to avoid additional legal costs.

How do I correct a recording error after filing?

If a clerical error occurs, record an affidavit or corrective deed (or re-record a corrected instrument) per county procedures. Coordinate with the title company or attorney to restore clear title.

Who typically pays recording fees and transfer taxes?

Customary payment practices vary by contract and local custom; purchase agreements or settlement statements should specify responsibility for recording fees and any transfer taxes.

Is remote online notarization (RON) accepted for deeds?

RON acceptance varies by state and county. South Carolina has historically limited RON for certain instruments; verify county recorder guidance before relying on remote notarization for deed execution.

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South Carolina General Warranty Deed

South Carolina General Warranty Deed

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the South Carolina General Warranty Deed Is

A South Carolina General Warranty Deed is a legal document used to transfer real property ownership in the State of South Carolina. It conveys the grantor's title to the grantee and includes broad warranties that the grantor holds good and marketable title, free from encumbrances except those expressly listed. The deed typically names the parties, states the consideration, contains the full legal description of the property, and includes the signature block, notary acknowledgement, and witness attestations required by South Carolina law. Proper execution and recording complete the transfer process.

Why a General Warranty Deed Matters in South Carolina

A General Warranty Deed provides the highest level of seller assurances by promising clear title and protecting the grantee against past title defects. It simplifies title review, may improve marketability for resale or financing, and creates contractual warranties that survive closing unless specifically limited in the deed.

Who Typically Prepares and Uses This Deed

Real estate professionals, title companies, lenders, and attorneys commonly prepare and review South Carolina General Warranty Deeds to ensure clear transfer and marketable title.

Real estate attorneys and title agents who draft, review, and confirm legal descriptions and lien searches before closing.
Lenders and mortgagees who require a full warranty deed as part of securing collateral and protecting loan interests.
Private sellers, buyers, and closing agents involved in residential and commercial conveyances who need formal recordable evidence of transfer.

Proper preparation reduces recording issues and post-closing disputes; parties often use counsel or title services to confirm compliance with South Carolina recording conventions.

Step-by-Step: Completing a South Carolina General Warranty Deed

Follow sequential steps to prepare, execute, notarize, and record the deed to ensure a valid transfer and protect the grantee’s title.

01

Draft Deed: Populate parties, consideration, and legal description.
02

Confirm Title: Run title search and resolve liens or exceptions.
03

Execute Signatures: Grantor signs before notary and two witnesses.
04

Record Deed: Submit deed to county recorder for indexing.

Where and How the Deed Is Submitted in South Carolina

Recording the deed puts the public on notice and completes the transfer. Submission typically occurs at the county level where the property is located.

County Register of Deeds: File the original executed deed for official recording.
Clerk Review: County clerk checks format, notary, and witness requirements.
Recording Fees: Pay county recording fees and transfer taxes if applicable.
Return Copies: Recorder returns stamped copy to designated party or mailing address.

Digital Preparation and File Format Requirements

Prepare and store deeds in accepted file types and use secure platforms for e-signature or storage when allowed.

File Formats: PDF, DOCX, HTML
Supported Integrations: Salesforce, NetSuite, Microsoft 365
Authentication: Email, SMS, KBA options

Where electronic execution is used, ensure the platform supports required audit trails, notarization workflows, and produces a printable, recorder-acceptable PDF.

How to Configure an Online Deed Workflow

Configure fields and signer order to match the South Carolina execution sequence and make the recorded copy machine-readable.

Field	Configuration
Grantor Signature	Signer 1; requires notarization and two witness attestations
Witness Fields	Two distinct signer roles; initial and signature fields
Notary Block	Attach notarization block with jurisdiction and notary details
Return Address	Designate post-recording return recipient and mailing address

eSignature Vendor Comparison for Deed Execution and Notarization

Compare starting price, trial availability, bulk send, audit trail, and HIPAA compliance across common eSignature vendors. signNow appears first for comparison purposes.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Common Risks and Consequences of an Incorrect Deed

Recording Denial: Clerical rejection or returned deed

Title Defect: Clouded title, need for corrective deed

Name Mismatch: Failure to match public records

Missing Notary: Deed may be unenforceable or unrecordable

Insufficient Witnesses: State-required attestations lacking

Tax Liability: Unpaid transfer taxes or recording fees

Practical Tips for Accurate and Efficient Completion

Use standardized practices to reduce errors and recording delays when preparing a South Carolina General Warranty Deed.

Confirm full legal descriptions

Always use the exact legal description from prior recorded instruments, including lot, parcel, and metes-and-bounds language, to avoid ambiguity and recording rejection.

Match names to ID and title

Ensure grantor and grantee names exactly match government ID and title company records; include entity designations and trustee capacities where applicable.

Include required witnesses and notary

South Carolina requires two witnesses for deeds; sign in their presence and complete the notary block to satisfy county recording requirements.

Retain proof of recording

Obtain the officially stamped recorded copy and preserve it with closing files and escrow documents for title and tax purposes.

Frequently Asked Questions About the South Carolina General Warranty Deed

Common questions address execution formalities, electronic signing, recording steps, and remedies for mistakes. Answers highlight practical next steps and typical requirements.

Need help? Contact support

Are witnesses required for a deed in South Carolina?
Yes. South Carolina practice requires two witnesses for deeds. Ensure both witnesses sign in the grantor’s presence and that their names and addresses are included if required by the county recorder.
Can a deed be executed electronically?
Electronic signatures are legally recognized under ESIGN and UETA, but local recording offices set acceptance rules. Confirm county recorder policies for electronic execution and whether in-person notarization or RON is required.
What happens if the legal description is wrong?
An incorrect legal description can cloud title and may require a corrective deed or reformation action. Correct the description before recording whenever possible to avoid additional legal costs.
How do I correct a recording error after filing?
If a clerical error occurs, record an affidavit or corrective deed (or re-record a corrected instrument) per county procedures. Coordinate with the title company or attorney to restore clear title.
Who typically pays recording fees and transfer taxes?
Customary payment practices vary by contract and local custom; purchase agreements or settlement statements should specify responsibility for recording fees and any transfer taxes.
Is remote online notarization (RON) accepted for deeds?
RON acceptance varies by state and county. South Carolina has historically limited RON for certain instruments; verify county recorder guidance before relying on remote notarization for deed execution.

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