What steps ensure the sale proceeds are safely wired into my account after closing? – South Carolina

Short Answer

In South Carolina, the safest way to receive sale proceeds by wire is to treat wiring instructions as “high-risk” information and verify them live (by phone or in person) with the closing attorney’s office using a trusted number. Wiring instructions should be delivered through a secure method, confirmed again right before disbursement, and never changed based only on an email or text. If anything seems off, the closing attorney can pause the wire until instructions are re-verified.

Understanding the Problem

In a South Carolina home sale, can the seller take steps so the closing attorney wires the net sale proceeds to the correct bank account after closing, especially when contact information recently changed after an email or phone compromise? The key decision point is how wiring instructions are provided and verified before the closing attorney disburses funds. The goal is to prevent a last-minute “change of wiring instructions” scam and to create a clear verification trail so funds go only to the intended account.

Apply the Law

In South Carolina, a licensed South Carolina attorney must supervise a real estate closing, and that attorney (or the attorney’s supervised staff) typically controls the settlement/disbursement process. While wire-fraud prevention is largely about procedure rather than one single statute, South Carolina law also recognizes protections tied to settlement agent conduct in covered transactions, and real estate professionals have separate rules for handling trust funds when they hold deposits. The practical takeaway is that the closing attorney’s office is the central “hub” for confirming disbursement details, and verification should happen through trusted, independent contact methods.

Key Requirements

Use the closing attorney as the single source of truth: The closing attorney supervises the closing and is the safest point to confirm where proceeds will be sent and when the wire will be released.
Verify wiring instructions out-of-band: Any wiring instructions (and any change to them) should be confirmed by calling a trusted phone number for the closing attorney’s office or by confirming in person—not by replying to an email thread.
Lock down “change” requests: The safest practice is a written policy that wiring instructions do not change based on email/text alone, and that any change requires live verification plus a second internal check before funds are sent.

What the Statutes Say

S.C. Code Ann. § 26-2-210 (Attorney supervision of real estate closings) – Confirms South Carolina’s requirement that a licensed South Carolina attorney supervise a closing.
S.C. Code Ann. § 38-75-1010 (Closing or settlement protection) – Allows limited indemnity in certain transactions for specific settlement-agent misconduct under the terms of the protection.
S.C. Code Ann. § 40-57-136 (Real estate trust accounts) – Sets rules for how licensed real estate brokers-in-charge handle and disburse trust funds (commonly relevant to deposits, not the attorney’s closing disbursement).

Analysis

Apply the Rule to the Facts: A pending South Carolina sale with a scheduled closing and a recent contact change after an email/phone compromise raises a classic wire-fraud risk: a scammer may try to impersonate someone involved and send “updated” wiring instructions. The safest approach is to provide wiring instructions directly to the closing attorney’s office through a secure channel and confirm them by calling a trusted number (not a number provided in an email). If there is concern that someone connected to the transaction could be compromised, the verification steps should be tightened so the closing attorney disburses only after live confirmation and a second-person check.

Process & Timing

Who provides instructions: The seller. Where: The closing attorney’s office supervising the South Carolina closing. What: Written wiring instructions (often a form from the closing attorney) plus proof of identity as requested by the office. When: Provide instructions early enough for the office to verify them before the scheduled closing date; avoid last-minute changes.
Verification step: The closing attorney’s office should confirm wiring instructions using a trusted callback number already on file (or obtained independently), and the seller should also call the office using a known, verified number to confirm the office received the correct instructions.
Disbursement step: After closing, the closing attorney’s office initiates the wire. The seller should request confirmation of the outgoing wire (such as a confirmation page or reference number, if the office provides it) and monitor the receiving account promptly.

Exceptions & Pitfalls

Email-only changes: Treat any email or text requesting new wiring instructions (even if it appears to come from a familiar person) as suspicious until verified by a live call to a trusted number.
Using contact info from a compromised message: Calling the phone number listed in a suspicious email can route the call to the scammer. Use a number independently obtained (prior paperwork, official website, or a previously verified contact).
Last-minute account changes: Changing banks or accounts right before closing increases risk and can delay verification. If a change is unavoidable, require heightened verification (live call + second confirmation + written acknowledgement by the closing attorney’s office).
Assuming others will “catch it”: Real estate agents, lenders, and others may help, but the safest practice is direct verification with the closing attorney’s office supervising disbursement.
Not asking about available protections: In some transactions, closing/settlement protection may exist under the title insurance framework, but it is limited and depends on the terms and the type of loss. It should not replace strong verification steps.

Conclusion

In South Carolina, the most reliable way to ensure sale proceeds are wired safely is to route wiring instructions through the closing attorney supervising the closing and to verify those instructions by a live call (or in person) using a trusted phone number. Wiring instructions should not be accepted or changed based only on email or text. The next step is to provide wiring instructions to the closing attorney’s office and confirm them by phone before the office releases funds at closing.

Talk to a Real Estate Attorney

If a closing is coming up and there are concerns about compromised email/phone accounts or suspicious wiring messages, our firm has experienced attorneys who can help set a secure verification plan with the closing office and reduce the risk of misdirected sale proceeds.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.