The South Carolina Real Estate Commission just published a new guidance letter regarding limited service brokerage practices.
https://llr.sc.gov/re/News/Limited%20Service%20Agreements.pdf
This guidance document serves as a reminder that while brokerage firms may contractually limit the scope of their "à-la-carte" services, they cannot waive or eliminate the statutory duties mandated by the state law.
Key non-waivable obligations include:
- The timely presentation of all written offers
- The meaningful disclosure of brokerage relationships
- The duty of confidentiality
- The disclosure of material adverse facts
The Commission warns against "improper delegation," where limited-service listing agents remain inactive during negotiations or instruct buyer’s agents to perform their legal duties—practices that can lead to consumer confusion, unauthorized representation, and disciplinary action.
Ultimately, licensees remain accountable for all statutory protections regardless of private contract language, and both listing and buyer’s agents are advised to document communications and maintain clear professional boundaries to ensure compliance with state law.
Posted by: Byron King on 2/27/26 (This information is only accurate as of 2/26/26. You must contact SCR for updates and changes to this information after 2/27/26, as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.