The South Carolina Residential Property Condition Disclosure Statement can be found here:
The South Carolina Code of Laws requires that an owner of residential real property (single family dwelling unit or a single transaction involving transfer of four dwelling units or less) to provide to a purchaser a completed and signed Residential Property Condition Disclosure Statement prior to forming a real estate contract. This disclosure must be provided in connection with any sale, exchange, installment land sale, and lease with an option to purchase contract.
We can add your completed disclosures when activating your flat fee MLS listing. You can submit the disclosures to us by uploading them in the MLS listing section. Buyer agents will have them signed and included with any offer.
Can an agent help me fill this out or provide advice on completing the Disclosure Statement?
No. Agents are prohibited from providing advice or assisting you in completing the disclosure statement. All questions about the disclosure statement should be directed to your attorney. The only time an agent can get involved with the contents of the disclosure statement is when it is known that the disclosure statement is untrue, in which case the agent is required to disclose to the buyer/buyer agent that it is untrue.
When is this disclosure NOT required?
For the most current list of exemptions from this disclosure, see South Carolina Code Section § 27-50-30. As of this writing, the article does not apply to transfers:
(1) pursuant to court order including transfers in administration of an estate, pursuant to a writ of execution, by foreclosure sale, by a trustee in bankruptcy, by a receiver, by eminent domain, and resulting from a decree for specific performance;
(2) to a mortgagee from the mortgagor or his successor in interest in a mortgage if the indebtedness is in default, by a trustee pursuant to a deed of trust or to a mortgagee pursuant to a mortgage if the indebtedness is in default, by a trustee under a mortgagee pursuant to a foreclosure sale, or by a mortgagee who has acquired the real property at a sale conducted pursuant to a judgment and order of foreclosure;
(3) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
(4) from one or more co-owners solely to one or more other co-owners;
(5) made solely to a spouse or a person or persons in the lineal line of consanguinity of one or more transferors;
(6) between spouses resulting from a divorce decree or support order or marital property distribution order;
(7) made by virtue of the record owner's failure to pay federal, state, or local taxes;
(8) to or from the federal government;
(9) to the State, its agencies and departments, and its political subdivisions including school districts;
(10) involving the first sale of a dwelling never inhabited;
(11) real property sold at public auction;
(12) to a residential trust;
(13) between parties when both parties agree in writing not to complete a disclosure statement;
(14) of a vacation time sharing plan as defined in Section 27-32-10(9); and
(15) of a vacation multiple ownership interest as described in Section 27-32-250.
Return to South Carolina Real Estate Disclosure Requirements
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