Key Takeaways
- South Carolina REQUIRES sellers to provide the Residential Property Condition Disclosure Statement
- The disclosure must be provided BEFORE the parties sign a purchase contract
- Sellers must disclose known problems with the property in good faith
- Licensees must disclose material adverse facts actually known to them
- Lead-based paint disclosure is required for pre-1978 homes (federal law)
South Carolina Property Condition Disclosure
South Carolina has specific requirements for property condition disclosure under the Residential Property Condition Disclosure Act (Title 27, Chapter 50).
Mandatory Seller Disclosure
South Carolina law REQUIRES sellers of residential property to provide a disclosure statement to buyers.
The Requirement
| Requirement | Details |
|---|---|
| Form required | Residential Property Condition Disclosure Statement |
| When to provide | Before parties sign purchase contract |
| Who provides | Seller (owner) of property |
| Who receives | Prospective buyer |
Key Point: The seller must provide the disclosure BEFORE the contract is signed - this is different from some states that allow disclosure after contract.
What Must Be Disclosed
The South Carolina disclosure form requires sellers to provide information about:
Property Systems and Conditions
| Category | Items Disclosed |
|---|---|
| HVAC systems | Heating, cooling, condition, problems |
| Plumbing | Water heater, pipes, sewer/septic |
| Electrical | Wiring, outlets, problems |
| Structural | Foundation, roof, walls, ceilings |
| Water/moisture | Flooding, drainage, water damage |
| Appliances | Included appliances and condition |
Environmental and Legal Issues
| Category | Items Disclosed |
|---|---|
| Environmental hazards | Lead paint, asbestos, radon, mold |
| Underground tanks | Storage tanks on property |
| Contamination | Known hazardous materials |
| Zoning | Current zoning, violations |
| HOA | Homeowners association governance |
| Easements | Known easements affecting property |
Response Options
Sellers respond to disclosure questions with:
- Yes - Problem exists or existed
- No - No known problem
- Unknown - Seller doesn't know
- Not Applicable - Doesn't apply to property
Seller's Responsibilities
Good Faith Requirement
The seller must complete the disclosure in good faith based on their actual knowledge:
| Requirement | Details |
|---|---|
| Truthfulness | Must answer questions honestly |
| Actual knowledge | Disclose what seller knows |
| No investigation required | Seller not required to investigate |
| Updates | Must update if conditions change before closing |
Important: The disclosure is NOT a warranty or guarantee - it represents the seller's knowledge and observations.
Exemptions from Disclosure
Certain transfers may be exempt from the disclosure requirement:
| Exemption | Reason |
|---|---|
| Court-ordered sales | Foreclosures, bankruptcies |
| Government transfers | Tax sales, eminent domain |
| Estate transfers | Transfers from deceased |
| New construction | Builder provides separate warranties |
Licensee's Responsibilities
Material Adverse Facts
Real estate licensees must disclose material adverse facts about the property if actually known by the licensee:
| Requirement | Details |
|---|---|
| Known facts only | Only what licensee actually knows |
| Material facts | Facts that affect value or desirability |
| Regardless of disclosure form | Even if seller says "No" on form |
| Written disclosure | Document what was disclosed |
Key Rule: Licensees have an independent duty to disclose material facts they know, regardless of what the owner reports on the disclosure.
What Licensees Should NOT Do
| Prohibited | Reason |
|---|---|
| Complete the form for seller | Seller's responsibility only |
| Advise seller to lie | Fraud/misrepresentation |
| Conduct investigation | Not licensee's role |
| Guarantee accuracy | Only seller can attest |
Federal Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
Warning: Lead-based paint disclosure is REQUIRED regardless of any state exemptions. This is federal law that applies nationwide.
When must a South Carolina seller provide the Property Condition Disclosure Statement?
What is a South Carolina licensee's duty regarding property condition disclosure?
Which statement about South Carolina property disclosure is TRUE?