Legal FAQs

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

Why Due Diligence Addendum SCR311 is Good for Sellers and Buyers Sellers get paid the SCR311 due diligence termination fee when the buyers timely/properly terminate under due diligence. Sellers avoid litigation and lawyers and experts and mediation that can cost the sellers time and money with the first failed deal and that failed deal’s lawsuits… Continue Reading How Repair Procedure Questions Get Answered.

NAR Code of Ethics Article 12: Standard of Practice 12-4 REALTORS® shall not offer for sale/lease or advertise property without authority. SC real estate license law: (E)(1) A licensee may not advertise, market, or offer to conduct a real estate transaction involving real estate owned, in whole or in part, by another person without first… Continue Reading Advertising Properties with/without Listing Agreement

Pop quiz, do you know what C.L.U.E. stands for? (See the answer at the bottom of this article.) p.s. If you do not know what a C.L.U.E. report means in general and you practice real estate, you are already at risk for a lawsuit. [Contact asap your BIC, your law firm, your E&O insurer, the SCR legal… Continue Reading Insurance Problems, Flood Insurance Problems, CLUE report

AKA Psychologically affected...AKA Psychological Impact...AKA Psychological Stigmas While no legal duty exists to disclose psychological stigmas, it may be in the seller's best interests to disclose "psychological stigmas" in the seller's disclosure...here's why. If the seller does not disclose in the seller disclosure, then the contract may proceed for weeks/months toward closing but the day… Continue Reading Murders and Ghosts and Deaths and Crimes and Rumors/Reports and Real Estate

Interesting read on SC Supreme Court's take on a house flipper's business license fees. https://www.sccourts.org/opinions/HTMLFiles/SC/27829.pdf Please read the footnote #1 on page #1. The City's ordinance refers to this as a business license "fee"; however, a business license fee operates essentially as a tax Posted by : Byron King on 8/16/18 (This information is only… Continue Reading Business License Fees, SC Supreme Court Case

"Classic" Mediation: This is the long-established NAR "assisted self-settlement" procedure where REALTOR® mediators are trained to act as a peacekeeper/facilitator/realist to assist the disputing parties in reaching their own self-settlement. Mediators then help the parties write down their settlement on the NAR mediation form and the parties sign. Because the parties arrived at the decision… Continue Reading What is Ombudsman aka Ethics Mediation?

Only use SCR313 comfortably when your buyer is timely/properly terminating under SCR311 due diligence. https://screaltors.org/wp-content/uploads/Forms/313.pdf For all other uses of SCR313, you should be very worried and always recommend your buyer seek legal counsel asap before taking any actions or submitting any SCR313 or communicating any termination to the other side (e.g. seller, seller's rep).… Continue Reading Terminating and Earnest Money