Legal FAQs

NAR Introduces New MLS Policy to Expand Choice for Consumers Today we are announcing the results of the National Association of REALTORS®’ thorough assessment of the Clear Cooperation Policy (“CCP”) and options to enhance consumers’ flexibility and choice in the marketing of their properties. After many months of analysis and deliberation across the industry—including MLS… Continue Reading NAR Legal: News on MLS CCP Clear Cooperation Policy Updates Coming Soon

https://www.fincen.gov/news/news-releases/fincen-removes-beneficial-ownership-reporting-requirements-us-companies-and-us Only foreign companies have to file. The rule does not apply to any US companies or any US persons. You can read full press release from the US Treasury here: https://www.fincen.gov/news/news-releases/fincen-removes-beneficial-ownership-reporting-requirements-us-companies-and-us This information is only accurate as of 3/24/25. You must contact SCR for updates and changes to this information after 3/24/25 as laws… Continue Reading FinCEN BOI News for 3/24/25 – The Rule Does Not Apply to USA Companies Nor USA CItizens

(H) If trust funds are held outside a licensee's brokerage firm, the licensee remains obligated to ensure that the trust funds are timely and properly delivered to the trust fund agent as stated in the contract. Properly check on earnest money, security deposits, trust funds, etc, are timely and properly delivered (e.g., law firm, lawyer,… Continue Reading ​ ​ ​(H) If trust funds are held outside a licensee’s brokerage firm, the licensee remains obligated to en sure that the trust funds are timely and properly delivered to the trust fund agent as stated in the contract.

SECTION 32-8-345.Crematory authority or licensed funeral establishments responsibility for the final disposition of the cremated remains. (A) The agent or a licensed funeral establishment or crematory authority is responsible for the final disposition of the cremated remains. (B) Cremated remains may be disposed of by placing in a grave, crypt, niche, by scattering them in… Continue Reading SC Laws on Cremated Remains (Fed EPA/NatlParks have Regs)

As you can imagine when the shoe is on the other foot and one of your seller clients starts interacting with other brokerages and agents (which is likely a seller breach of your listing agreement), there is risk for you all in this situation. So, be very careful. Call the hotline asap! Maybe something like...… Continue Reading Sample of What to Say When a Listed Seller Contacts You About their Listing with Another Brokerage

https://www.youtube.com/watch?v=hBS9yo0kEK8 Protecting Your Client’s Negotiation Leverage: Real Estate Safety Tips Host Tracey Hawkins delves into the critical role of negotiation leverage in real estate transactions, focusing on how to protect your client’s interests at the negotiating table. Joined by experts Matthew Rathbun and Amy Steele, discover key strategies to avoid common pitfalls, safeguard your client's… Continue Reading NAR: Protecting Your Client’s Negotiation Leverage: Real Estate Safety Tips

https://www.hud.gov/sites/dfiles/SFH/documents/SFH_FHA_INFO_2024-12.pdf This information is only accurate as of 3/19/25. You must contact SCR for updates and changes to this information after 3/19/25 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… Continue Reading FHA IPC, 3rd Party Contributions, Underwriting, NAR Persuades FHA

NAR announcing that registration for their mediation school will open this summer for the fall class. Attend the NAR Mediation School in Chicago (a 2.5 day course). https://www.nar.realtor/events/mediator-mediation-training Save the Date! The 2025 Mediator/Mediation Training will occur on September 3, 4, and 5 in downtown Chicago at NAR Headquarters. Registration will open in early Summer… Continue Reading Become a SCR Mediator, Attend the NAR Mediation School (2.5 days)

The hotline has been getting several cremated remains disclosure questions recently. For risk management reasons, proper seller disclosure SCR230 SCRPCDS disclosure can help protect everyone. Buyers who don't care about remains on property, won't mind disclosure. Buyers who do care about cremated remains on property, will appreciate disclosure. Failure to disclose can result in lawsuits,… Continue Reading Cremated/Remains on the Property

https://www.nar.realtor/commercial/create A quarterly publication for commercial practitioners, members of the National Association of REALTORS® and commercial real estate industry leaders. Members can subscribe by updating your member profile information to include commercial interests in the "Field of Business" list. This information is only accurate as of 3/18/25. You must contact SCR for updates and changes… Continue Reading Commercial Real Estate Information, CREATE Publication