Legal FAQs

Must watch NAR video on Fair Housing...starts at the 11 minute mark of the NAR meeting video. http://live.blogs.realtor.org/2018/05/16/full-version-of-nar-360-now-available-2/ Federal fair housing act is celebrating the 50th anniversary. On May 16, 2018; SCR members visited the SC congressional delegation to ask for support of HR1447 to include sexual orientation and gender identity as protected classes in… Continue Reading Fair Housing – Dramatic Video From NAR

During the May 19, 2018, NAR Board of Directors meeting, NAR adopted the NAR professional standards committee recommendation to update Standard of Practice 1-7 by adding: "Upon the written request of a cooperating broker who submits an offer to the listing broker, the listing broker shall provide a written affirmation to the cooperating broker stating… Continue Reading NAR Code of Ethics Set to Match SC License Law

https://www.nar.realtor/about-nar/policies/professional-standards-and-code-of-ethics/a-buyers-and-sellers-guide-to-multiple-offer-negotiations Posted by : Byron King on 5/21/18 (This information is only accurate as of 5/21/18. You must contact SCR for updates and changes to this information after 5/21/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

For fair housing risk management purposes, REALTORS® are reminded to always describe the property not the actual/ideal buyers, sellers, landlords, tenants themselves. Describe the real estate. Even when describing real estate, be careful. Even benign sounding terms can result in issues (e.g. walkable/disability, near Baptist Church/religion, great backyard for kids/familial status). Do not describe the… Continue Reading Leasing/Renting, Fair Housing, Brokerage Policy – Compensation & Areas of Practice

REALTORS® should always use caution and due diligence with any unknown buyers who cold contact the REALTOR® with a desire for a cash deal with a quick close and early occupancy. REALTORS® should require background information such as proper documentation of sufficient available cash and identification. For fair housing risks, best practices can mean that… Continue Reading Safety Alert to All REALTORS(R) Statewide

SCR391 has the AS IS checkbox. SCR310 and SCR300 residential sales agreements define AS IS under the Repair Procedure Section. SCR forms typically convert over time to an AS IS agreement should all the parties "snooze" through their deadlines. An alternative to SCR391: SCR "As Is" using SCR Standard Forms (SCR "As Is" = SCR300… Continue Reading SCR391 AS IS Checkbox

SCR encourages members to send legal reports of trials, settlements, lawsuits, etc. to SCR. Law libraries only record SC Court of Appeals decisions and SC Supreme Court decisions. Trial level issues rarely get appealed, so reporting would help SCR identify risks. Please Forward Legal Issues to Your SC REALTORS Legal Staff SCR needs your help.… Continue Reading Please Send Your Legal Stories to SCR

Real Estate Rental Scams (Scrape Listing and Repost as a Fake Rental) In addition to reporting to the offending website so the scam rental ad can be taken down.... Here are some more solutions: Sign in yard "NOT FOR RENT" to deter drive up renter victims. Yard sign can be in the photograph of front… Continue Reading Rental Scams

Changing Brokerages? Know Your REALTOR Ethics on Listing Agreements, Buyer Agency Agreements, and other Brokerage Contractual Agreements: • Standard of Practice 16-20 Realtors®, prior to or after their relationship with their current firm is terminated, shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm. This… Continue Reading Changing Brokerages?

Treating Listings With Respect REALTORS should educate agents and potential buyers about treating listings with respect. REALTORS should educate agents and sellers about listing issues such as securing all valuables, weapons, drugs, identity information, alcohol, and items of sentimental value. When visiting a listing, ensure the property is left secured from easy burglary (windows and… Continue Reading Treat Listings with Respect