Legal FAQs

Wholesaling, Flipping, Assignment, Investing

2022-12-13T10:39:55-05:00December 13th, 2022|Legal FAQs|

The SC Real Estate Commission is currently evaluating how to best protect the consuming public from reports of problems in wholesaling, flipping, assignment, and investing transactions. So, this area is high risk, extremely fluid, and subject to regulatory change quickly. Stay closely tuned daily. Currently some risk management thoughts: Some brokerages view the risks to [...]

SCR Social Media Policy from the SCR Broker Policy Manual

2022-12-12T14:44:29-05:00December 12th, 2022|Legal FAQs|

https://screaltors.org/legal/ SOCIAL MEDIA POLICY Social media is a powerful and effective communication and engagement tool and the Company encourages Associates to utilize social media to help raise awareness of the Company’s business in their communities with their consumers. Always be professional and ethical when engaging in social media and avoid making statements or posting photographs [...]

Offer Rejection Form Use It Always

2022-12-09T09:44:25-05:00December 9th, 2022|Legal FAQs|

NAR ethics require an offer rejection writing. SC state law and LLR require using the government form SCR314 offer rejection form. These policies are so the other side has some timely and written acknowledgement that their offer was presented. Listing agents always timely respond to an offer with a writing, one of the below: 1. [...]

Games of Chance for Things are Illegal

2022-12-08T14:30:52-05:00December 8th, 2022|Legal FAQs|

SECTION 16-19-10. Setting up lotteries. Whoever shall publicly or privately erect, set up, or expose to be played or drawn at or shall cause or procure to be erected, set up, or exposed to be played, drawn, or thrown at any lottery under the denomination of sales of houses, lands, plate, jewels, goods, wares, merchandise, [...]

Don’t Get In Trouble for your Social Media Posts

2022-12-07T12:52:14-05:00December 7th, 2022|Legal FAQs|

Please help SCR educate members to be very careful on social media. Golden rule... If you cannot say something nice about someone... Social media posting, risk management thoughts: NAR ethics prohibit hate/harassing posts on race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity. Do not stray into a potential violation when [...]

Biz License FAQ

2022-12-06T15:27:24-05:00December 6th, 2022|Legal FAQs|

(b) "Gross income for agents" means gross commissions received or retained. If commissions are divided with other brokers or agents, then only the amount retained by the broker or agent is considered gross income. SECTION 6-1-315. Limitation on imposition or increase of business license and real estate professional and auctioneer fees. (A) By ordinance adopted [...]

property management faq

2022-12-06T15:25:57-05:00December 6th, 2022|Legal FAQs|

SECTION 6-1-650. Notice of dropped rental property. Real estate agents, brokers, corporations, or listing services required to remit fees under this section must notify the appropriate governing body if rental property, previously listed by them, is dropped from their listings. HISTORY: 2014 Act No. 188 (S.503), Section 1, eff June 2, 2014. Posted by: Byron [...]

Property Management info

2022-12-06T15:23:36-05:00December 6th, 2022|Legal FAQs|

SECTION 6-1-560. Real estate agents required to report when rental property listing dropped. Real estate agents, brokers, corporations, or listing services required to remit taxes under this section must notify the appropriate local governmental entity or entities if rental property, previously listed by them, is dropped from their listings. HISTORY: 1997 Act No. 138, Section [...]

NAR Legal Action Funding Information

2022-12-06T14:51:39-05:00December 6th, 2022|Legal FAQs|

https://www.nar.realtor/about-nar/grants-and-funding/legal-action-program Posted by: Byron King on 12/06/22 (This information is only accurate as of 12/06/22. You must contact SCR for updates and changes to this information after 12/06/22 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 [...]

NAR Legal: A BIC’s Team Risk Management Video

2022-12-06T10:35:03-05:00December 6th, 2022|Legal FAQs|

https://www.nar.realtor/videos/window-to-the-law/legal-issues-for-teams State License Laws - team advertising must not give false impression of a standalone brokerage and must use the brokerage/company name in all advertising BIC Supervising associated licensees and teams, have copy of team agreement drafted by lawyers Employment Law/Policy (classifications...generally salespersons are often independent contractors and control can create non-licensed administrative employees or [...]

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