Legal FAQs

September 11, 2019: SCR Board of Directors approved SCR Standard Forms Committee changes to be inserted into the SCR residential contracts and agency forms. Interesting changes: Due diligence will be incorporated into the SCR310/300 alongside repair procedure and AS IS language so the parties can choose without using the SCR311 due diligence addendum. To simplify… Continue Reading New Forms Coming! 2020! Thanks Forms Committee and Board of Directors!

https://www.postandcourier.com/news/heirs-of-black-homesteader-without-will-overcome-odds-to-sell/article_84717e74-ba12-11e9-934c-ffa39e62b141.html?utm_medium=email&utm_campaign=Daily%20Headlines%20092119&utm_content=Daily%20Headlines%20092119+CID_dc9725887563e82cb7037eeb7e753062&utm_source=CampaignMonitor&utm_term=144%20heirs%20of%20black%20homesteader%20without%20will%20overcome%20odds%20to%20sell%20Mount%20Pleasant%20property The South Carolina Lowcountry is rife with heartbreaking tales of large extended families losing control of inherited land known as heirs’ property, sometimes through trickery or coercion. This is not one of those tales. It begins in February 1875, less than a decade after the end of the Civil War, when Cain Bryan bought… Continue Reading Chas Post Reports a Happy Ending to an Heirs Property Story

https://www.nar.realtor/safety NAR has a wealth of resources to help agents, brokers, and associations better understand and educate each other about the safety risks they face. From planning your safety strategy to extensive safety resources including apps, products, and educators, NAR has many useful items for all real estate professionals including regularly-scheduled safety webinars, numerous articles… Continue Reading September is Safety Month

https://www.nar.realtor/code-of-ethics-and-arbitration-manual/case-interpretations-related-to-article-1 Case #1-3: Net Listing (Originally Case #7-3. Revised May, 1988. Transferred to Article 1 November, 1994.) Client A called REALTOR® B to list a small commercial property, explaining that he wanted to net at least $170,000 from its sale. He inquired about the brokerage commission and other selling costs. REALTOR® B’s response was: “You… Continue Reading Ethics Case 1-3, You Decide: If Unprofessional Ethics Violation or No Ethics Violation

https://www.nar.realtor/window-to-the-law Posted by: Byron King on 09/05/19 (This information is only accurate as of 09/05/19. You must contact SCR for updates and changes to this information after 09/05/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

Bonuses: Cash, Gift Cards, Trips, Boats, Weekends in Houses, other Goodies Be careful when bonuses to buyer reps are offered. If the seller is paying or providing the bonus, get the bonus out of the seller's hands so the seller cannot renege after you have advertised the bonus. Best practice, seller and brokerage and law… Continue Reading Bonuses

https://www.nar.realtor/window-to-the-law SCR provides a standard independent contractor. BIC must properly supervise independent contractors in accordance with laws and licensing laws and NAR code of ethics. #1 Hotline call about independent contractors: what happens to compensation and pendings and leads during the independent contractor retiring/changing brokerages. Consider adding language to your independent agreement to cover this… Continue Reading NAR on Worker Classification (Employee, Independent Contractor, License Law)

https://www.nar.realtor/window-to-the-law Assume that courts apply ADA to websites. Conduct ADA due diligence on your website with experts. Keep informed on this developing ADA website issue. Posted by: Byron King on 09/05/19 (This information is only accurate as of 09/05/19. You must contact SCR for updates and changes to this information after 09/05/19 as laws and… Continue Reading Recent NAR Info on Disabled Access to Websites (ADA)

SC Landlord Tenant Act on Storm Damage: SECTION 27-40-650. Fire or casualty damage. (a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord… Continue Reading SC Landlord Tenant Act on Storm Damage

SCR recommends using the current LLR "seller disclosure" form because the current LLR form provides sellers and REALTORS® with very good liability shielding per state law. That state law was upheld by the SC Court of Appeals when challenged. So currently, lower courts must provide the liability shield. The current LLR form has 10 sections… Continue Reading Why Use the “Seller Disclosure” even for Land Deals (SCR230)?