Key Takeaways

  • South Carolina follows the Statute of Frauds requiring real estate contracts to be in writing
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • Earnest money must be deposited into the broker's trust account per contract terms
  • South Carolina uses standard forms prepared by the South Carolina Association of Realtors
  • Contingencies (financing, inspection, appraisal) must be clearly specified in the contract
Last updated: January 2026

South Carolina Contract Requirements

South Carolina real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under South Carolina's Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in South Carolina.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Types of Real Estate Contracts

Purchase Agreement (Sales Contract)

The primary contract used to buy and sell real property:

ComponentDescription
PartiesBuyer(s) and seller(s) identified
Property descriptionLegal description or address
Purchase priceAgreed price and terms
Earnest moneyDeposit amount and handling
ContingenciesConditions that must be met
Closing dateWhen transaction will close
SignaturesAll parties must sign

Other Contract Types

ContractUse
Listing AgreementSeller representation contract
Buyer Agency AgreementBuyer representation contract
Lease AgreementRental property
Option ContractRight to purchase property
Land ContractSeller-financed purchase

Earnest Money

Earnest money (also called a good faith deposit) shows the buyer's serious intent:

Handling Requirements

RequirementDetails
Who holdsBroker-in-charge's trust account
Deposit deadlinePer contract terms (typically within 48 hours)
Cannot holdSalespersons cannot hold earnest money
DisbursementPer contract terms or mutual agreement

Common Contract Contingencies

Contingencies allow parties to exit the contract if certain conditions aren't met:

Financing Contingency

ElementDetails
PurposeBuyer can cancel if financing not obtained
DeadlineMust apply for loan within specified days
DocumentationMay require denial letter from lender

Inspection Contingency

ElementDetails
PurposeBuyer can inspect property and negotiate repairs
TimelineInspection period specified in contract
OptionsAccept, negotiate repairs, or cancel

Appraisal Contingency

ElementDetails
PurposeProtects buyer if property appraises below price
OptionsSeller reduce price, buyer pay difference, or cancel

Sale of Buyer's Property Contingency

ElementDetails
PurposeBuyer must sell existing home first
RiskSeller may accept backup offers

Contract Performance and Termination

Ways Contracts Are Fulfilled or Ended

MethodDescription
PerformanceBoth parties fulfill all obligations
Mutual agreementBoth parties agree to cancel (mutual release)
Contingency not metCondition in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes impossible

Breach of Contract Remedies

RemedyDescription
Specific performanceCourt orders completion of sale
Monetary damagesPayment for losses suffered
RescissionContract cancelled, parties restored
Liquidated damagesPre-agreed damages (often earnest money)

Time is of the Essence

Many South Carolina real estate contracts include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach
  • Extensions require written agreement

Exam Tip: Understand the difference between an executory contract (obligations not yet performed) and an executed contract (all obligations fulfilled).

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Contract Formation Process
Test Your Knowledge

Under South Carolina's Statute of Frauds, which statement is TRUE about real estate contracts?

A
B
C
D
Test Your Knowledge

Where should earnest money be deposited in a South Carolina real estate transaction?

A
B
C
D
Test Your Knowledge

Which is NOT an essential element of a valid real estate contract?

A
B
C
D