Legal FAQs

LLR RPCDS (aka seller disclosure) Question 16 (e.g. any easements...access/conservation/utility/other) will almost always require a YES seller answer and a YES answer requires the seller to explain the answer. http://www.llr.state.sc.us/POL/REC/RECPDF/Property%20Condition%20Disclosure%20Statement.pdf Posted by : Byron King on 8/22/18 (This information is only accurate as of 8/22/18. You must contact SCR for updates and changes to this… Continue Reading Almost All Properties have Utility Easements

The LLR Residential Property Conditional Disclosure Statement and Addendum (aka the seller disclosure and HOA addendum) requires the seller to disclose HOA fees/costs/charges/assessments. There are four questions that elicit the seller to disclose all owners association cost/fees/charges/assessments. Yes answers on the seller disclosure require seller explanation, can use additional pages as required. http://www.llr.state.sc.us/POL/REC/RECPDF/Residential%20Property%20Condition%20Disclosure%20Statement%20Addendum.pdf Sellers should… Continue Reading Sellers Should Disclose All HOA fees/charges/costs/assessments on Seller Disclosure

Southwest Airlines allows PSA, ESA, SA on flights if they are one of these three animals: dog, cat, miniature horse. https://www.texasmonthly.com/the-culture/can-bring-trained-service-miniature-horse-southwest-flights/ Property managers and landlords looking to minimize fair housing issues (e.g. lawsuits, federal government action, state government action, local government action, LLR action, REALTOR® ethics actions), should make reasonable accommodations for all PSAs, ESAs,… Continue Reading Southwest Airlines and Psychological Support Animals, ESA, Service Animals

Check with your local government and DHEC and attorney. SC "seller disclosure" forms asks about environmental issues and underground issues. So, disclosure can apply. SECTION 44-29-30. Burying or burning of dead animals and poultry. Whenever any animal or poultry shall die from any natural or other cause, except from being slaughtered or killed for the… Continue Reading Dead Animals and Manure Disposal

Buyers need their attorney to investigate CCR's and HOA's either prior to contract or during the due diligence period if the buyer wants the ability to terminate should there be CCR's or HOA or Condo issues that the buyer does not want (e.g. visitor restrictions, rental restrictions, costs, management, solvency, cannot park RV/boat/tractor trainer on… Continue Reading Covenants, Restrictions, Owners Association, Condo Deed, Bylaws

Why Due Diligence Addendum SCR311 is Good for Sellers and Buyers Sellers get paid the SCR311 due diligence termination fee when the buyers timely/properly terminate under due diligence. Sellers avoid litigation and lawyers and experts and mediation that can cost the sellers time and money with the first failed deal and that failed deal’s lawsuits… Continue Reading How Repair Procedure Questions Get Answered.

NAR Code of Ethics Article 12: Standard of Practice 12-4 REALTORS® shall not offer for sale/lease or advertise property without authority. SC real estate license law: (E)(1) A licensee may not advertise, market, or offer to conduct a real estate transaction involving real estate owned, in whole or in part, by another person without first… Continue Reading Advertising Properties with/without Listing Agreement

Pop quiz, do you know what C.L.U.E. stands for? (See the answer at the bottom of this article.) p.s. If you do not know what a C.L.U.E. report means in general and you practice real estate, you are already at risk for a lawsuit. [Contact asap your BIC, your law firm, your E&O insurer, the SCR legal… Continue Reading Insurance Problems, Flood Insurance Problems, CLUE report

AKA Psychologically affected...AKA Psychological Impact...AKA Psychological Stigmas While no legal duty exists to disclose psychological stigmas, it may be in the seller's best interests to disclose "psychological stigmas" in the seller's disclosure...here's why. If the seller does not disclose in the seller disclosure, then the contract may proceed for weeks/months toward closing but the day… Continue Reading Murders and Ghosts and Deaths and Crimes and Rumors/Reports and Real Estate

Interesting read on SC Supreme Court's take on a house flipper's business license fees. https://www.sccourts.org/opinions/HTMLFiles/SC/27829.pdf Please read the footnote #1 on page #1. The City's ordinance refers to this as a business license "fee"; however, a business license fee operates essentially as a tax Posted by : Byron King on 8/16/18 (This information is only… Continue Reading Business License Fees, SC Supreme Court Case