Legal FAQs

Inspecting HOA’s

2018-12-18T13:01:52-05:00December 18th, 2018|Legal FAQs|

Sellers typically have the best notice of all HOA issues (e.g. mailers, neighbors talk and complain and organize and social media, meetings, bills, see the issues, live the issues). Always get a seller HOA disclosure and seller disclosure in the contract and transaction. Because of the above, sellers typically have more knowledge of the property's… Continue Reading Inspecting HOA’s

Wire Fraud Video From NAR

2018-12-17T13:50:09-05:00December 17th, 2018|Legal FAQs|

NAR Wire Fraud Video SCR wire fraud warning form: https://screaltors.org/wp-content/uploads/Forms/610.pdf Educate Consumers, Lawyers, Lenders, Staff Avoid email wiring instructions Avoid clicking links and attachments in emails that are not verified Use good cyber security

Federal Legal Holidays (Typically Ten of Them)

2018-12-14T14:33:15-05:00December 14th, 2018|Legal FAQs|

Please see the federal website link with the dates of the typically occurring ten federal legal holidays: (NYD/MLK/Wash/Memor/Indep/Labor/Colum/Vets/Thx/Xmas) https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=2018 SCR310 residential contract when counting 24 hour periods for business days, do not count any hours on Saturdays, Sundays, or Federal Legal Holidays. Posted by: Byron King on 12/14/18 (This information is only accurate as of… Continue Reading Federal Legal Holidays (Typically Ten of Them)

Insurance: Buyers Need to Investigate Pre-Contract or At Least During Due Diligence

2018-12-14T11:26:04-05:00December 14th, 2018|Legal FAQs|

Buyers are solely responsible to investigate all issues about their insurance needs pre-contract or at a minimum during their due diligence period so the buyer does not become obligated to buy a property when their insurance costs are on the high end of their budget or expensive repairs are required (e.g. old roof, +20, old… Continue Reading Insurance: Buyers Need to Investigate Pre-Contract or At Least During Due Diligence

New Seller disclosure

2018-12-14T11:25:17-05:00December 14th, 2018|Legal FAQs|

SCR will post the new seller disclosure to the SCR forms library ASAP. EFFECTIVE 1/1/19: REVISED South Carolina Residential Property Condition Disclosure Statement South Carolina Residential Property Condition Disclosure Statement (Effective 1/1/19) (Revised 11/18) (pdf) Due to a 2018 legislative amendment to the South Carolina Residential Property Disclosure Act, amendments to the South Carolina Residential… Continue Reading New Seller disclosure

Forms Webinars Ranked by Views

2018-12-14T11:24:23-05:00December 14th, 2018|Legal FAQs|

Ranked by views: SCR Contract (7/27/17) Forms Chair Liz Loadholt (5200+ views) https://www.youtube.com/watch?v=m0XktGXlwuw&t=31s SCR Contract SCR staff (5/2/13) (4000+ views) https://www.youtube.com/watch?v=WDDoGEK5ibk&t=1190s Seller Disclosure SCR staff (7/25/13) https://www.youtube.com/watch?v=JY8VIzZM1oo&t=909s SCR forms update SCR staff (12/20/16) https://www.youtube.com/watch?v=FLL8Feutzn4&t=682s SCR Forms (1/11/18) Forms Chair Liz Loadholt https://www.youtube.com/watch?v=v-w5xOjajsI&t=205s SCR Forms (7/21/16) SCR staff https://www.youtube.com/watch?v=LsDBPb1l_o8&t=85s SCR311 Due diligence (12/16/13) SCR staff https://www.youtube.com/watch?v=t7Z_zxrbR0Y&t=32s… Continue Reading Forms Webinars Ranked by Views

SCR310 Inspections: Buyers can Perform Off Site Conditions

2018-12-14T11:23:40-05:00December 14th, 2018|Legal FAQs|

Buyers should never solely rely upon the seller disclosure and advertising materials regarding the property that the buyers are considering buying. Buyers should hire qualified expert inspectors for all issues that matter to the buyers. Often there is great uncertainty about how offsite properties and offsite conditions might change in the future. Buyers must understand… Continue Reading SCR310 Inspections: Buyers can Perform Off Site Conditions

Leased Equipment, Financed Equipment, Servicing/Monitoring Payments

2018-12-14T11:23:03-05:00December 14th, 2018|Legal FAQs|

Buyers should always ask the seller about these issues and contract for a seller disclosure form which asks about these issues. Here is a rough draft idea for this issue, perhaps for SCR391. Seller affirms: that the Seller owns the Property and that Seller can convey the Property and that there is no and will… Continue Reading Leased Equipment, Financed Equipment, Servicing/Monitoring Payments

New Seller Disclosure (Historic District ?) (HOA ?)

2018-12-14T11:22:01-05:00December 14th, 2018|Legal FAQs|

SCR will post the new seller disclosure to the SCR forms library ASAP. EFFECTIVE 1/1/19: REVISED South Carolina Residential Property Condition Disclosure Statement South Carolina Residential Property Condition Disclosure Statement (Effective 1/1/19) (Revised 11/18) (pdf) Due to a 2018 legislative amendment to the South Carolina Residential Property Disclosure Act, amendments to the South Carolina Residential… Continue Reading New Seller Disclosure (Historic District ?) (HOA ?)

Follow Up Answers to 314/312 Webinar (Offer Rejection Form & Multiple Offer Form)

2018-12-14T11:21:30-05:00December 14th, 2018|Legal FAQs|

A few questions came in as the 11/15/18 SCR314/SCR312 webinar was wrapping up so here are the answers: Does SCR314 apply to commercial deals? Yes. Commercial brokers send SCR314 offer rejection for to buyers when the seller rejects the commercial buyer's offer without a counter offer or acceptance of offer. What is the counter offer… Continue Reading Follow Up Answers to 314/312 Webinar (Offer Rejection Form & Multiple Offer Form)

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