Legal FAQs

This SCR professionalism video was recently posted to the SC REALTORS® Youtube Channel: https://www.youtube.com/watch?v=sAujttypBSs Please watch to learn what other REALTORS® may be doing unethically and how you can report them to SCR. Presenters: REALTOR® Mark Davis-Cote and REALTOR® James Akers (2025 SCR Professional Standards Chair and Vice Chair respectively) along with the SCR attorneys… Continue Reading Professionalism – What Other People May Be Doing Unethically?

1. Can a delayed marketing exempt listing be shown to potential buyers during the delayed marketing period? Yes, MLS Participants and Subscribers may arrange showings and tours of the property subject to the seller’s instructions. 2. Who is responsible for developing the seller disclosures required for both office exclusive and delayed marketing exempt listings? MLSs… Continue Reading NAR Legal: 3/27/25 Releases More FAQs and the New MLS Rules, CCP

https://www.nar.realtor/the-facts This information is only accurate as of 3/25/25. You must contact SCR for updates and changes to this information after 3/25/25 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org) This information is not legal advice. This information is intended only to provide… Continue Reading NAR Posts FAQs on the CCP MLS Updates Announced Today

South Carolina Association of REALTORS® (SCR) Forms Policy Permitted users of SCR’s standard forms SCR standard forms should only be used by REALTOR® members of the South Carolina Association of Realtors®. Revisions to format/pre-printed language of a standard form by user Revisions to the format or pre-printed content of any standard forms are prohibited. Permitted… Continue Reading SCR Forms Policy 3/25/25

NAR Introduces New MLS Policy to Expand Choice for Consumers Today we are announcing the results of the National Association of REALTORS®’ thorough assessment of the Clear Cooperation Policy (“CCP”) and options to enhance consumers’ flexibility and choice in the marketing of their properties. After many months of analysis and deliberation across the industry—including MLS… Continue Reading NAR Legal: News on MLS CCP Clear Cooperation Policy Updates Coming Soon

https://www.fincen.gov/news/news-releases/fincen-removes-beneficial-ownership-reporting-requirements-us-companies-and-us Only foreign companies have to file. The rule does not apply to any US companies or any US persons. You can read full press release from the US Treasury here: https://www.fincen.gov/news/news-releases/fincen-removes-beneficial-ownership-reporting-requirements-us-companies-and-us This information is only accurate as of 3/24/25. You must contact SCR for updates and changes to this information after 3/24/25 as laws… Continue Reading FinCEN BOI News for 3/24/25 – The Rule Does Not Apply to USA Companies Nor USA CItizens

(H) If trust funds are held outside a licensee's brokerage firm, the licensee remains obligated to ensure that the trust funds are timely and properly delivered to the trust fund agent as stated in the contract. Properly check on earnest money, security deposits, trust funds, etc, are timely and properly delivered (e.g., law firm, lawyer,… Continue Reading ​ ​ ​(H) If trust funds are held outside a licensee’s brokerage firm, the licensee remains obligated to en sure that the trust funds are timely and properly delivered to the trust fund agent as stated in the contract.

SECTION 32-8-345.Crematory authority or licensed funeral establishments responsibility for the final disposition of the cremated remains. (A) The agent or a licensed funeral establishment or crematory authority is responsible for the final disposition of the cremated remains. (B) Cremated remains may be disposed of by placing in a grave, crypt, niche, by scattering them in… Continue Reading SC Laws on Cremated Remains (Fed EPA/NatlParks have Regs)

As you can imagine when the shoe is on the other foot and one of your seller clients starts interacting with other brokerages and agents (which is likely a seller breach of your listing agreement), there is risk for you all in this situation. So, be very careful. Call the hotline asap! Maybe something like...… Continue Reading Sample of What to Say When a Listed Seller Contacts You About their Listing with Another Brokerage

https://www.youtube.com/watch?v=hBS9yo0kEK8 Protecting Your Client’s Negotiation Leverage: Real Estate Safety Tips Host Tracey Hawkins delves into the critical role of negotiation leverage in real estate transactions, focusing on how to protect your client’s interests at the negotiating table. Joined by experts Matthew Rathbun and Amy Steele, discover key strategies to avoid common pitfalls, safeguard your client's… Continue Reading NAR: Protecting Your Client’s Negotiation Leverage: Real Estate Safety Tips