"CHAPTER 30 Homeowners Associations Article 1 South Carolina Homeowners Association Act Section 27-30-110. This article may be cited as the 'South Carolina Homeowners Association Act'. Section 27-30-120. As used in this article: (1) 'Board' means the representative body, regardless of name, designated in the governing documents to act on behalf of a homeowners association and… Continue Reading New HOA Laws
https://www.scstatehouse.gov/query.php?search=DOC&searchtext=3886&category=LEGISLATION&session=122&conid=10940687&result_pos=0&keyval=1223886&numrows=10 Posted by : Byron King on 10/19/18 (This information is only accurate as of 10/19/18. You must contact SCR for updates and changes to this information after 10/19/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)
As of October 17, 2018: Both the SCR Executive Committee and Board of Directors approved: 1. The legal hotline will (when practical/appropriate) begin to email a follow up to calls/texts/conversations. CC'd in the email will be the BIC. This is to increase professionalism by harnessing the experience, education, and problem-solving of the BIC. There is… Continue Reading Legal and Ethical News
When a landlord and their law firm want to deny an animal for a disabled potential tenant, here are some issues. These types of animals are not to be considered pets and not to be subject to "no pets" and pet fees and pet rents and pet deposits. NAR White Paper on this issue: https://realtorparty.realtor/state-local-issues/issues/issues/fair-housing-ada-reasonable-accommodations-with-service-animals… Continue Reading When Landlords and their Law Firm Want to Deny Service Animals and Comfort Animals and Emotional Support Animals
US Supreme Court case: https://magazine.realtor/sites/realtormag.realtor.org/files/Decision-Quicken.pdf Don't charge junk fees. Justify your fees. MLS rules require unconditional offers of compensation to cooperating participants. Lawyer drafted agreements signed outside of MLS and agreed between brokerages can control compensation. Posted by : Byron King on 10/12/18 (This information is only accurate as of 10/12/18. You must contact SCR… Continue Reading Admin Fees, Be Able to Justify, Put into Signed Document Agreements
https://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm Posted by : Byron King on 10/10/18 (This information is only accurate as of 10/10/18. You must contact SCR for updates and changes to this information after 10/10/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)
Dear Teena Transaction Brokerage limited confidentiality does help the brokerage with risk management after a failed listing presentation. Say a brokerage fails to get the listing but during the listing presentation the seller blurts out the seller's motivation to sell (e.g. job transfer, new child, marriage, divorce) and or seller's bottom price (e.g. listed at… Continue Reading Transaction Brokerage and Limited Confidentiality
The SC seller disclosure documents (SC RPCDS) are a great liability shield for sellers and brokerages (e.g. statutory, case law). The seller is in the best position of others in the transaction to have the best knowledge of all the owners association issues. While designed for typical residential transactions, the RPCDS can be used in… Continue Reading SC Seller Disclosure Laws
In addition to disclosing in advertising/MLS, the seller can also disclose in the seller disclosure documents (e.g. rental management company contact info, info on future rentals). Seller disclosure has leasing questions. ARTICLE 2 The South Carolina Vacation Rental Act SECTION 27-50-210. Short title. This article may be cited as the "South Carolina Vacation Rental Act".… Continue Reading SC Vacation Rental Act
SCR contract discusses leased/financed issues in Section 3 (property) and Section 4 (conveyance - clear title without liens) and Section 22 Adjustments (proration/etc): Section 3: Buyer acknowledges opportunity to inquire about owners association issues, common area issues, condominium master deed issues, assigned parking/storage areas, memberships, lease issues and financed equipment prior to signing Contract. Leasing… Continue Reading Leased/Financed solar panels, alarm systems, fuel tanks, tenants, future vacation renters