Legal FAQs

The hotline regularly receives trouble calls when associated licensees want to change brokerages (and/or change teams) when issues such as: clients, pendings, leads, compensation, referrals, files, bills, and equipment issues are disputed. Unfortunately during the hotline, many members state that there is no written legal agreement covering these issues. That lack of a written legal… Continue Reading Changing Brokerages/Teams or Breaking Up Is Hard to Do (Neil Sedaka)

Please read the 2/16/21 case from LLR at the link below. LLR SCREC says do not give entry codes for lockboxes to unauthorized persons (aka potential buyers). https://eservice.llr.sc.gov/PublicOrdersWeb/?divisionId=19 Posted by: Byron King on 01/21/22 (This information is only accurate as of 01/21/22. You must contact SCR for updates and changes to this information after 01/21/22… Continue Reading LLR Case: Do Not Give Entry Codes to Lockboxes to Unauthorized People (aka potential buyers)

Reminder to alert/document/copy parties to their lead hazards information and duties. https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards Recently, the Hotline has been getting several of the same types of questions on the lead forms section (c) initials and (d) initials. Buyers and Tenants getting the EPA pamphlet Protect Your Family from Lead in Your Home should initial (d). So, (d)… Continue Reading Lead Based Hazard Forms for Sales/Rentals

The deadline for filing the ATI Exemption Form for 6% assessment transactions which closed in the prior year is the end of January. Q. Why does SCR send members this ATI form reminder every year when legally, the REALTOR® has nothing to do with filing this ATI form? A. Because if the buyer fails to… Continue Reading 6% Assessment Deal Closed – Remind Buyers ATI Filing Must Occur in January!

The term REALTOR® is a trademark and NAR requires adhering to their trademark rules so that the trademark remains legally owned by NAR and not in the public domain. In general, you can use the term REALTOR® with your member name. Contact the hotline for all trademark issues. 803-772-5206 or info https://cdn.nar.realtor/sites/default/files/documents/2021-membership-marks-manual-2021-12-23.pdf https://www.nar.realtor/videos/window-to-the-law/new-membership-marks-manual-for-the-realtor-trademark Posted by:… Continue Reading NAR Publishes New Trademark Manual for Members

https://magazine.realtor/daily-news/2021/12/21/cfpb-doj-warn-against-illegal-evictions-of-military-vets?AdobeAnalytics=ed_rid%3D56072%26om_mid%3D5936%7CRealtorMagNews_2021_12_21%26om_ntype%3DREALTOR%20MAG%20NEWS Posted by: Byron King on 12/23/21 (This information is only accurate as of 12/23/21. You must contact SCR for updates and changes to this information after 12/23/21 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… Continue Reading Reminder: Evictions and Service Members (Civil Relief Act)

In the NAR code of ethics, "shall" means a REALTOR® must do something or potentially face ethics violations. The Hotline says to tell the sellers to obtain legal counsel - meaning hiring/consulting the trial lawyers that the seller will hire if the first buyers or the second buyers or both sets of buyers sue the… Continue Reading Why Hotline Says Listing Agents Must Recommend Sellers Obtain Legal Counsel

Members sometimes wonder why the SCR Hotline says that the REALTOR® must recommend the parties obtain legal counsel. Here is one reason, the NAR Code of Ethics. See SOP 1-8 and Article 13 and Article 1 below. SHALL means a REALTOR® will do something or potentially face an ethics complaint. REALTORS®, acting as agents or… Continue Reading New Ethics and Members Wonder Why Hotline Says Must Recommend OBTAIN LEGAL COUNSEL

"I affirm via this document/text/email/form that the counteroffer has been submitted to the buyers/tenants." or "NOTICE: the buyers/tenants have waived the obligation to have the counter offer presented." [Warnings:  Not many buyers/tenants will waive this obligation.   For risk management, get any such waiver in writing and signed by the buyers/tenants.] Upon the written request of the… Continue Reading SCR Forms Staff Liaison Working on SCR Form for New Ethics

https://www.sccourts.org/opinions/HTMLFiles/COA/5876.pdf Posted by: Byron King on 12/14/21 (This information is only accurate as of 12/14/21. You must contact SCR for updates and changes to this information after 12/14/21 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… Continue Reading SC Court of Appeals on 4% homestead Property Tax