Eversole Monthly
July 2018
Stepping Stones to Your Future Guiding You Through Real Estate Law Hello and welcome to the first edition of my newsletter! Not only is this an excellent chance for me to reach out to my clients and referral sources — it’s also a chance for you to reach out to me. Many people understand the challenges of buying a house, but others are less aware of the legal processes involved. I want to help you understand the process of getting there.
My time as a lawyer started after I graduated from Nova Southeast University Shepard Broad Law Center, earning a Juris Doctorate degree in 1990. From there, I worked in Florida at the West Palm Beach Public Defender’s office for nine years. During that time, felony and capital trial cases consumed my time — real estate law was far from my mind. Then, I married my wonderful husband, Ken, and I moved to Beaufort. Though I’m not a native, I couldn’t be more at home here because of the people and the city. It is the only place I have lived that gets more beautiful over time. Eversole Law Firm started in 2004 when my mentor, Sherwood N. Fender, retired. Sherwood provided sturdy support that helped me grow into the real property lawyer I am today. He taught me all kinds of real estate legal matters and guided me into being a sole practitioner. For 14 years, Eversole Law Firm has been serving the Beaufort area. Our practice areas include real estate closings, title opinions, quiet title actions, boundary disputes, wills, probate, and more. We have also been successful in civil litigation to the benefit of our clients. I’ve become fully integrated into real property law, and work diligently to give the people who walk into my firm my best advice and guidance. I recently published a book called “Buying a House? Legal Stuff You Should Know Before You Sign a Contract.” When purchasing a house, many home-buyers may not realize all the legal ramifications of signing the contract. Many people believe they’re
receiving one thing when they’re actually getting something else. I understand that buying a house can be daunting — the mortgages and loans are enough to make people feel ill. However, our desire is to make this process effortless for you. Our firm prides itself on its competent staff and customer focus. We tackle our clients’ challenges or real estate issues head-on. We don’t shy away from committing our time and energy toward giving you what you seek. Among my staff is Debbie Rodgers, our real estate closing paralegal, who has over 30 years of experience and has been with me since my firm opened in 2004. Cherese T. Handy, a native to the Beaufort area, is one of our fantastic attorneys. She has also been the owner of Heritage Title Abstracting for over 18 years, which gives her a unique aptitude in handling land title litigation. Each person at Eversole Law Firm strives to provide the best service to help our clients achieve their dreams. Don’t hesitate to reach out to us — we are here to guide you toward your goals. -Alysoun Eversole www.eversolelaw.com 1
Lies You’ve Been Told Fiction That Holds Too Much Weight
or snoring human. It isn’t in our eight-legged friends’ nature to crawl into a person’s mouth.
Fallacies are fed to us on a daily basis, and some are more believable than others. Here are a few popular misconceptions. CRACKING YOUR KNUCKLES WILL CAUSE ARTHRITIS Studies show that there aren’t any dangers to cracking your knuckles, besides annoying someone with the noise. For a long time, many speculated that the cause of the cracking or popping noise was either the resetting of joints and tendons or the formation of fluid that lubricates the joints. Dr. Donald Unger was the first person to conduct an experiment with the hypothesis that cracking your knuckles doesn’t lead to arthritis. He cracked only the knuckles in his left hand for over 50 years. Later in life, both hands were arthritis-free. YOU EAT SPIDERS WHILE YOU SLEEP You may have heard this chilling myth before, but it’s simply not true. Spiders are very sensitive to vibrations — they won’t willingly approach a breathing
YOU USE ONLY 10 PERCENT OF YOUR BRAIN Your brain is constantly in use. Every single action you perform, including digestion, coughing, speaking, thinking, and breathing, are all carried out by processes in the brain. There are levels of consciousness that cause parts of your brain to be less active than others, but there isn’t one singular area that ceases to work for any long period of time. While the size of the Great Wall is truly spectacular, that doesn’t mean it can be seen from outer space. It’s not at all visible from the moon, and even from low orbit, it’s difficult to spot the wall with an unaided eye. According to NASA, the theory was first shaken by Yang Liwei, a Chinese astronaut, who said he was unable to see the Great Wall from space. Later, a camera with a 180 mm lens and a 400 mm lens captured the wall from a low orbit. THE GREAT WALL OF CHINA IS VISIBLE FROM SPACE
Employee Spotlight Cherese Handy
if there is a cloud on the title and if litigation is needed to remove the clouds on the title.” Her title work and continued career in her business has played perfectly into what Eversole Law Firm gives our clients. “I’m familiar with the various deeds and how they affect interests in property, and I am able to review surveys knowing how to interpret them and what they can reveal.” Outside of the office, Cherese remains a busy person. “A majority of my time entails work,” she admits. When she does have time to herself, she enjoys practicing taekwondo. “Before I started law school I went to classes regularly, but once I was in law school, I couldn’t work, study, and practice taekwondo all at once. I had to take a break from it.” Now that she’s finished with school, Cherese has returned to her favorite exercise once again, eager to get back to where she was several years ago. “I find it very therapeutic,” she says. “You exercise your mentality. You really have to focus on your forms and remember them all, while focusing on your target. It’s also a physical exercise because you have to jump, kick, and, of course, keep your form.”
For our first edition, Eversole Law Firm decided to include an employee spotlight for one of our very talented attorneys, Cherese Handy. Cherese has been with our firm since November of last year, and we couldn’t be more thrilled to have her on our team. For 18 years before she began working with our firm, she did
title abstracts for her title company, Heritage Title Abstracting, which she continues to operate today. While abstracting titles full time, Cherese went to law school part time. Immediately after she finished law school, she passed the South Carolina Bar exam. She was sworn in as an attorney with the South Carolina Bar and joined Eversole Law Firm.
With how dedicated and talented as Cherese is, we’re lucky to have her on our team.
“I concentrate on real estate litigation,” Cherese says, “which deals with reviewing the public records and determining
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Buying a House? Legal Stuff You Should Know Before You Sign the Contract
three essential terms: an offer containing the terms, an acceptance of that offer, and consideration. For a real estate transaction, at a minimum, it must identify the property being sold and its purchase price, show that the purchaser has given something valuable to secure the transaction (usually an earnest money deposit), and a date by which all terms of the agreement must be completed. However, such a simple contract can be very risky for a buyer or seller because there are no terms protecting either party from unforeseen or unscrupulous circumstances. The National Association of Realtors has a databank of contracts intended to cover every conceivable scenario to protect both buyers and sellers. This, however, doesn’t mean that the contract you are presented with is entirely right for you. You really need to read and understand all the contracts’ terms before you sign it. If you don’t agree with one or more of the terms, or you need them clarified, you must address them before you sign on the dotted line. Remember, no one can walk away from a contract without legal consequences simply because they didn’t understand what they were signing. Should you have any doubts or questions about a contract you are considering, consult an attorney to help you understand its terms and protect your interests in the transaction. It could save you a lot of heartache in the long run.
When you’re about to sign a Purchase and Sale Agreement, or any contract
for that matter, you may not realize just how binding it is. When
all necessary parties sign a contract, the terms are enforceable in a court of law. As such, it shouldn’t be signed without a careful understanding of all the terms and conditions contained in it.
The properly written contract provides very little, if any, wiggle room for either party to get out of it. If any party fails to perform even one of the terms they had agreed to, then they are considered “in default” and therefore vulnerable to being sued. This leaves the non-defaulting party a right to seek specific performance on the contract or sue for damages, whichever is most appropriate under the circumstances. When it comes to contracts involving real estate, under the Statute of Frauds, an agreement to buy or sell real estate must be in writing for it be enforceable, unless one party has performed explicitly on its terms in reliance of the oral agreement. A written contract itself does not have to be elaborate to be enforceable, but it must have
LEARNING
LEGALESE
Kabobs Kielbasa
Liveried Seisin By the end of the 15th century, acquiring property was formalized in a ceremony that took place on the property, where the grantor would hand to the grantee a clump of dirt, sticks, or something else symbolic from the land, and by that act, the grantor “liveried seisin,” delivered possession, to the grantee.
Ingredients
• 2 pounds fully cooked smoked kielbasa
• 3 red bell peppers
• 2 cloves garlic, minced
• 2 large onions
• 1/4 cup olive oil
• 2 green bell peppers
• Salt and pepper, to taste
Directions
1. Heat grill to medium.
4. Thread onto skewers, alternating ingredients.
2. In a small bowl, combine oil, garlic, and a pinch of salt and pepper.
5. Brush with oil mixture and grill, covered, 10–12 minutes.
3. Cut pepper, onion, and kielbasa into 1-inch chunks.
Inspired by Good Housekeeping
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Eversole Law Firm, P.C. 1509 King Street Beaufort, SC 29902 (843) 379-3333 www.eversolelaw.com
Disclaimer: The content of this publication has been prepared by Eversole Law Firm, P.C. for informational purposes only and is not to be construed as legal advice. It does not create an attorney-client relationship with its readers and may not be used by you, the reader, as legal advice. You are encouraged to consult with us or another attorney about your circumstances to which the information in this document may apply.
What’s Inside
1. Stepping Stones to Your Future 2. Fiction That Holds Too Much Weight Employee Spotlight 3. Legal Stuff You Should Know Kielbasa Kabobs 4. 6 Dog Mayors From Around the U.S.
When Politics Goes to the Dogs 6 Dog Mayors From Around the U.S.
Brynneth Pawltro, Lucy Lou, Junior Cochran, and Goofy Borneman. These four dogs all hail from Rabbit Hash, Kentucky. Back in 1998, the people of Rabbit Hash decided to elect a dog mayor. That year, Goofy Borneman, a mixed breed, became the first in what would become a continuing tradition. He held the office until 2001, when he passed away at age 16.
Most towns and cities around the country play it safe: They elect humans to hold political office. But a few towns decided to do something a little different. They threw political formality to the wind and elected dogs to office. Here are a few popular pups from around the country. Duke. This Great Pyrenees became one of the most popular pups to hold elected office. He first ran for mayor in 2014 in Cormorant Township, Minnesota, and won by a landslide. He’s been in the mayoral race every year since then — and he’s won every time! Today, Duke is still in office, where he never misses a photo-op or a pat on the head. Maximus Mighty-Dog Mueller. This golden retriever was first elected to office in 2012 in Idyllwild, California. His election was part of an initiative put together by an organization called Animal Rescue Friends, or ARF. As part of the election, area residents could nominate their cat or dog for mayor. During the inaugural event, 14 dogs and two cats ran for mayor, with Max leading the pack. Max was elected to a second term in 2013, but soon passed away after a battle with cancer. Thankfully, his successor was quickly appointed: Maximus Mighty-Dog Mueller II.
In 2004, Junior Cochran, a black Labrador, took on the role of mayor, but his term was plagued by scandal after he spent too much time hanging around the town’s general store — and Health and Safety was called. Then, he too died in office in 2008. Later that year, Lucy Lou, a border collie, was elected into office and became the town’s first female mayor. The good news is she saw her term through to the end, but she didn’t run for a second term. Instead, pitbull Brynneth Pawltro, or Brynn as his friends call him, ran and won. Today, you’ll find Brynn roaming Rabbit Hash, staying carefully out of Health and Safety’s way.
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