Legal FAQs

SC REALTORS® worked to get changes to state laws in 2020. Rollback taxes were changed from 5 years to 3 years in a bill signed by the Governor in September 2020. https://www.scstatehouse.gov/sess123_2019-2020/bills/3596.htm If buyers are looking at closing a real estate impacted by rollback taxes, perhaps these buyers may want to consider closing after 2020… Continue Reading SC REALTORS(R) Potentially Got Rollback Tax Savings for Buyers, Consider Close in 2021

Click this NAR link:https://www.nar.realtor/safety/realtor-safety-network To notify law enforcement of a live emergency, please contact 9-1-1. The National Association of REALTORS® is committed to the safety of our members. Through the REALTOR® Safety Network, NAR will deploy REALTOR® Safety Alerts via social media when a physical or cyberthreat to REALTORS® warrants national attention. For example: A… Continue Reading Filing a Report on the NAR Safety Alert Network

Always be vigilant in protecting your personal information. If you receive requests for any personal information via phone or text originating from any phone number not known to you, do not respond. If you have any concerns about the legitimacy of a communication or request from NAR, please hang up and contact our Member Support… Continue Reading Suspicious Calls Allegedly from NAR? Might be a Scam!

Good risk management strategy to train your associated licensees, employees, staff, independent contractors, etc. to avoid/prevent harassment issues. Here is a NAR video on preventing/avoiding/disciplining harassment: https://www.nar.realtor/videos/hot-topics-in-employment-liability Posted by: Byron King on 11/02/20 (This information is only accurate as of 11/02/20. You must contact SCR for updates and changes to this information after 11/02/20 as… Continue Reading Risk Management: Harassment Video from NAR

Pursuant to FIRRMA, CFIUS is authorized to review certain transactions involving the purchase or the lease by, or a concession to, a foreign person of certain real estate in the United States, beginning on February 13, 2020. https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-real-estate-instructions-part-802 Posted by: Byron King on 10/30/20 (This information is only accurate as of 10/30/20. You must contact… Continue Reading CFIUS Real Estate Impacts

This issue arises occasionally on the hotline and some MLS systems allow home inspectors to engage in the MLS and hold an MLS lockbox e-key which solves practical access issues. Listing agents should warn sellers to secure their property for showings and inspections. Strangers will enter the property. Secure valuables, information, weapons, prescription drugs, alcohol,… Continue Reading Inspectors and Access for Inspections

The silver lining (if any) for COVID-19 is sometimes online meetings such as the below online NAR professional standards meetings and mediation meetings. In other years, you would have time and money expense to travel to the NAR conference to participate in these meetings. In 2020, these meetings are online. Monday, November 2, Professional Standards… Continue Reading NAR Online Professional Standards and Mediation Meetings

https://www.postandcourier.com/news/sc-renters-no-longer-need-to-pay-thousands-to-appeal-evictions-chief-justice-says/article_77a27cf4-0f2d-11eb-9422-73d75c9bc9b0.html https://www.postandcourier.com/news/to-appeal-an-eviction-in-sc-tenants-are-required-to-pay-thousands-of-dollars-first/article_7f8e2a42-cbd2-11ea-8d20-df3fb28181ad.html Upon specific and immediate direction of Chief Justice Beatty, all magistrates are to immediately cease ordering a tenant to post past due rent in a residential eviction in order to stay the eviction on appeal. Code §27-40-800 (b) of the South Carolina Residential Landlord Tenant Act requires that it is sufficient to stay… Continue Reading Eviction Appeal Process Update

REALTORS® in other states have seen some fair housing issues arise with the following: Sellers looking at the offering buyers' names and inferring from the name certain race, color, religion, sex, or national origin buyer characteristics and then illegally and unethically discriminating against these protected classes in real estate transactions. So some lawyers have strategized… Continue Reading Fair Housing (Names and Love Letters/Videos)

https://www.nar.realtor/fair-housing Per today's NAR legal seminar presentation by NAR attorney Kate Lawton, the NAR is considering expanding Article 10 Fair Housing applicability from real estate transactions into social media hate speech and reporting to LLR after reports of members using hate speech across the USA increased at NAR. Posted by: Byron King on 10/15/20 (This… Continue Reading NAR Fair Housing