Legal FAQs

Here is the link to the SCR mediation information: https://screaltors.org/mediation/ Here is the link to the SCR mediator list: https://screaltors.org/wp-content/uploads/2017/11/MediatorPamphlet2016.pdf Recommend the parties seek legal counsel asap. The parties will talk and decide which mediator they want to hire and where/when to meet. Then, the parties will meet and split the money in some percentages… Continue Reading Earnest Money Disputes, BIC Holding Earnest Money (Mediation/Litigation)

Section 5, Compensation Specified on Each Listing, in the NAR Model MLS Rules provides in pertinent part that compensation “…offers are unconditional except that entitlement to compensation is determined by the cooperating broker’s performance as the procuring cause of the sale (or lease)…” It can be a potential MLS rules violation to do otherwise. Posted… Continue Reading Don’t Put Conditions (other than procuring cause) on Coop Compensation in MLS

State law and the NAR code of ethics address your risks: State law: SECTION 30-2-50. Obtaining personal information from state agency, local government, or other political subdivision for commercial solicitation; penalty. (A) A person or private entity shall not knowingly obtain or use personal information obtained from a state agency, a local government, or other… Continue Reading Be Very Careful About Using the ROD/MLS/GIS as Your Personal Lead Generation System

First, the buyers can avoid being trapped into a deal with SCR311 due diligence addendum when the inspectors and contractors are not working for storm reasons (e.g. mandatory evacuation, roads impassable, weather interference, utilities are not functioning properly). Second, the SCR310 casualty section covers storm damages. Third, the SCR310 property section requires maintenance that can… Continue Reading Storms and SCR310 and SCR311 due diligence addendum

Please watch all of these NAR safety webinars. https://www.nar.realtor/safety/safety-webinars 9/12/18 2 pm EDT Safety Webinar Data Security and Cyber Safety Are You & Y our D ata an Easy Target? Safety expert Andrew Wooten provides tips on how to keep you and your data safe while at the office. Topics covered in this free NAR… Continue Reading NAR Safety Webinars

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