The hotline has been getting several cremated remains disclosure questions recently.
For risk management reasons, proper seller disclosure SCR230 SCRPCDS disclosure can help protect everyone.
Buyers who don’t care about remains on property, won’t mind disclosure.
Buyers who do care about cremated remains on property, will appreciate disclosure. Failure to disclose can result in lawsuits, complaints, failed deals as oftentimes someone tells the buyers about the cremated remains, even the day before closing. Even a successful defense and lost marketing time has a cost.
There are even some lawyers who forecast perhaps, a court might find that cremated remains are biological material that must be disclosed and are not covered by the South Carolina laws on mere psychological stigma that is not a physical issue.
Over the years, the hotline has heard of many remains issues.
Proper handling/disclosure is the prudent risk management strategy in most of these situations. Cremation, pets, domestic animals, wild animals, human remains, etc.
Even with psychological stigma, proper disclosure can help prevent upset, complaints, lawsuits, harm to reputation, last minute deal fails as information gets to the buyers, perhaps from neighbors or people seeking to cause issues. Even a successful defense has a cost. Even lost marketing time has a cost.
No situation is the same, so contact the hotline.
Ethics Article #2 disclosure SCR video:
https://www.youtube.com/watch?v=Lv78fcMBG8c
This information is only accurate as of 3/18/25. You must contact SCR for updates and changes to this information after 3/18/25 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 general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.