Legal FAQs

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)?

Now includes access to a suite of employment risk-management resources and tools, including live online and telephone access to expert legal advice. Learn more about EPL Assist™ and how to access it here. Posted by: Byron King on 08/22/19 (This information is only accurate as of 08/22/19. You must contact SCR for updates and changes… Continue Reading Legal Hotline, Employment Law, Employees, Insurance

There is no easy way to find out the past flood/disaster claims. 8/15/19 NAR rep Drew Meyers stated that FEMA privacy prevents release. NAR is working on solving that issue. There have been suggestions on adding FEMA type claims to the LLR state government seller disclosure. Here are some suggestions: Always use the seller disclosure.… Continue Reading Prior to Contract or During Due Diligence: Ask about flood/disaster issues/claims.

HOA's have pro's and con's. Pro's: some owners like the HOA protects the quality of life in the area with rules, management, costs, and human relations. Con's: some owners perceive the rules, management, costs, and human relations as burdensome, overbearing, incompetent, criminal, or undesirable. SCR recommendations: Alert all buyers to the existence of private owners… Continue Reading HOA’s – use LAWYERS! SCR311 SCR391 and Seller Disclosure

Have you seen unprofessional behavior by other REALTORS® or other real estate professionals? If you have witnessed unprofessional behavior, what did you see? How do you act in order to be perceived as professional? Are you qualified as a professionalism expert under the NAR commitment to excellence designation yet? https://www.nar.realtor/commitment-to-excellence Have you had professionalism training… Continue Reading Professionalism Survey – please respond to Byron@screaltors.org

https://www.nar.realtor/2004CEAM.nsf/4504b8ecc94d1ab3862569a6006cd47c/9d5ee25b40b0c2b68625688500577f42#Case%20%231-1%3A%20Fidelity%20to%20Client%20(Or Case #1-2: Honest Treatment of All Parties As the exclusive agent of Client A, REALTOR® B offered Client A’s house for sale, advertising it as being located near a bus stop. Prospect C, who explained that his daily schedule made it necessary for him to have a house near the bus stop, was shown… Continue Reading Ethics Case 1-2, You Decide if Unprofessional Unethical, Or No Violation

https://magazine.realtor/sales-and-marketing/feature/article/2019/08/what-to-tell-clients-about-that-leaky-basement?AdobeAnalytics=ed_rid%3D56072%26om_mid%3D1209%7CRealtorMagTips_2019_08_13_Agent%26om_nytpe%3DREALTOR%20MAG%20TIPS Posted by: Byron King on 08/13/19 (This information is only accurate as of 08/13/19. You must contact SCR for updates and changes to this information after 08/12/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)