State v. Buyers Service Co

292 S.C. 426, 357 S.E.2d 15 (1987)

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Nature of the Case

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Facts

Buyers Service Co. (D) was a commercial title company who assisted homeowners in the purchase of residential real estate. The State sued D for engaging in the unauthorized practice of the law; (1) providing reports, opinions, or certificates as to the status of titles to real estate and mortgage liens, (2) preparing documents affecting title to real property, (3) handling real estate closings, (4) recording documents at the courthouse, and (5) advertising to the public that it may handle conveyancing and real estate closings. D did all those things and also retained an attorney to review its closings documents. There was a fee charged for this review and passed it on to the purchaser. There was never any contact between the buyer of the home and the attorney. The court enjoined D from a number of these practices and allowed some of them. Both parties appealed.