Legal FAQs

SCR300 SCR310 Residential Contract’s Fire/Casualty/Injury Section

2018-09-18T11:38:55-05:00September 18th, 2018|Legal FAQs|

Upon flood, storm, wind, hurricane, fire, earthquake, or other whole/partial damage to the Property, the buyer or the seller have a window where either can timely/properly terminate the deal. If neither the buyer nor the seller timely/properly terminate the deal within the window, then the seller is obligated to repair the damage or provide an… Continue Reading SCR300 SCR310 Residential Contract’s Fire/Casualty/Injury Section

Hurricanes, Storms, Floods, Earthquakes, Natural and Man Made Disasters

2018-09-18T09:43:19-05:00September 18th, 2018|Legal FAQs|

SCR311 Due Diligence addendum allows a buyer to timely and properly terminate. Sellers have agreed to maintain the Property in Section 3 of SCR310 contract. The SCR310 contract has provisions for casualty/injury and re-inspections and seller disclosure and mold/fungi. The seller disclosure has many pertinent questions for potential disasters including water questions and contamination questions… Continue Reading Hurricanes, Storms, Floods, Earthquakes, Natural and Man Made Disasters

Sign up for October 1, 2, and 3 2018 mediator/ombudsman training

2018-09-13T08:56:51-05:00September 13th, 2018|Legal FAQs|

SCR mediators have long mediated commission disputes between brokerages prior to formal arbitration hearings. In mediation, the money is divided between the brokerages in some percentage per the brokers' decisions. In arbitration, one party gets the money per the arbitration hearing panel's decision. SCR mediators have long mediated earnest money disputes between buyers and sellers.… Continue Reading Sign up for October 1, 2, and 3 2018 mediator/ombudsman training

Earnest Money Disputes, BIC Holding Earnest Money (Mediation/Litigation)

2018-09-13T08:49:18-05:00September 13th, 2018|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)

Don’t Put Conditions (other than procuring cause) on Coop Compensation in MLS

2018-09-12T10:43:38-05:00September 12th, 2018|Legal FAQs|

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

Be Very Careful About Using the ROD/MLS/GIS as Your Personal Lead Generation System

2018-09-11T16:25:17-05:00September 11th, 2018|Legal FAQs|

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

Storms and SCR310 and SCR311 due diligence addendum

2018-09-11T08:25:46-05:00September 11th, 2018|Legal FAQs|

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

NAR Safety Webinars

2018-09-04T08:52:47-05:00September 4th, 2018|Legal FAQs|

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

Almost All Properties have Utility Easements

2018-08-22T15:17:43-05:00August 22nd, 2018|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

Sellers Should Disclose All HOA fees/charges/costs/assessments on Seller Disclosure

2018-08-22T15:14:55-05:00August 22nd, 2018|Legal FAQs|

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

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