Legal FAQs

Checking the deed and tax records and Forewarn can help deter fake seller scams (seller impersonation scams)? https://llr.sc.gov/re/RECPDF/FraudAlert/Fraud%20Techniques%20to%20Combat%20It.pdf https://llr.sc.gov/re/news/FakeSeller-VacantLots.pdf Checking the deed and tax records can help deter LLR SCREC prohibited "wholesaler" type transactions? https://llr.sc.gov/re/News/Wholesaling-Assignment-of-Contracts-Guidance.pdf Checking the deed can help determine if a SC attorney has already, or has not, appropriately merged a manufactured housing… Continue Reading Deed and Tax Record Check Benefits (Fake Seller Scam Deter, Wholesale, Manufactured Housing)

RESPA Real Estate Settlement Procedures Act https://www.nar.realtor/real-estate-settlement-procedures-act-respa RESPA is a federal law governing residential real estate settlement services and mortgage services. Implemented primarily by Regulation X, 12 CFR Part 1024 For REALTORS®, the biggest practical issue is Section 8 of RESPA, which prohibits kickbacks, referral fees (except Broker to Broker), and unearned fees primarily connected… Continue Reading RESPA Primer for REALTORS®

EPA provides this EPA supplemental addendum to all previous lead pamphlets before 2026 (e.g., use today until the pamphlet is updated in all the forms libraries): https://www.epa.gov/system/files/documents/2026-02/protectyourfamily_pamphletsupplement_2026_0.pdf EPA 2026 Pamphlet: https://www.epa.gov/system/files/documents/2026-02/protectyourfamily_pamphlet_2026_3.pdf EPA disclosure forms 2026: Sample Seller’s Disclosure of Information in English (PDF) and in Spanish (PDF). Sample Lessor's Disclosure of Information in English (PDF)… Continue Reading EPA Lead Hazards Documents News

Sample Seller’s Disclosure of Information in English (PDF) and in Spanish (PDF). Sample Lessor's Disclosure of Information in English (PDF) and in Spanish (PDF). https://screaltors.org/wp-content/uploads/Forms/315.pdf https://screaltors.org/wp-content/uploads/Forms/415.pdf Best practice is to have everyone properly executing one SCR315 for sales (or SCR415 for rentals) or at a minimum have these forms in your files as counterparts. When… Continue Reading 2026 EPA updates to SCR315 (lead disclosure sales) and SCR415 (lead disclosure rentals)

https://www.epa.gov/system/files/documents/2026-02/protectyourfamily_pamphletsupplement_2026_0.pdf Use with SCR316 which is used alongside SCR315. https://screaltors.org/wp-content/uploads/Forms/316.pdf https://screaltors.org/wp-content/uploads/Forms/315.pdf When using SCR315 strive to get everyone on one SCR315 or at a minimum everyone on counterparts SCR315's. Buyer agents can email the listing agent to remind them of their duties when concerned about the SCR315 requirements for alerting the seller who is paying… Continue Reading 2026 EPA lead hazard pamphlet supplement

Duration: 00:03:07 Shareable link: https://screaltors-org.zoom.us/rec/share/szCi9ibqx4EvGPjyP5J5OKEqIWfsSrtmkbxVxJgpOlseB4_J7qkNf_3EqiHjNBhI.lHrdN2n445TOG9n6 Passcode: &nw^9gT4 Posted by: Byron King on 4/2/26 (This information is only accurate as of 4/2/26. You must contact SCR for updates and changes to this information after 4/2/26, 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… Continue Reading SCR600 update video

NAR legal win: Judge dismisses antitrust case A district court in Michigan on Tuesday ruled in favor of the National Association of REALTORS® in a class action lawsuit regarding association membership and MLS access. The August 2024 case was brought by three real estate professionals—Douglas Hardy, Glenn Champion and Dylan Tent—operating in southeastern Michigan. Full… Continue Reading NAR: Legal Win (3 level agreement)

A motion was made, seconded and approved: The Committee authorizes SCR legal staff to delete the forms listed here due to lack of downloads and use: ● Form 120 Broker to Broker Compensation Agreement ● Form 320 Assumption of Mortgage ● Form 335 New Construction Contract ● Form 413 Bedbug Addendum ● Form 420 Inspection… Continue Reading 3/19/26 EC Prunes Seldom Used Forms

Unmarried co-owners buyers may have legal disputes over their arrangement in the future for a variety of reasons (e.g., romantic changes, non-romantic job/life changes, death/incapacity, moves, diverging future goals/plans, money issues). Consider recommending these types of parties immediately hire a SC lawyer to draft a co-ownership, partnership agreement, or if owned as an entity, similar… Continue Reading Unmarried Co-Owners, Recommend Legal Agreements Upfront

FinCEN is on Court Hold Again The FinCEN Residential Real Estate Anti-Money Laundering (AML) Rule has been put on court hold again due to ongoing legal challenges regarding the costs, efforts, and privacy issues affecting the private sector. On March 19, 2026, a federal district court in Texas vacated the rule, finding that the Financial… Continue Reading FInCEN on Hold, Again