Legal Hotline Policy
Who can use the SCR Legal Hotline?
The SCR Legal Hotline is a service provided exclusively to the members of the South Carolina REALTORS® and their attorneys. SCR dues pay for this service for members, and the service is not available to the public. For this reason, REALTORS® should not refer clients and customers to the hotline. SCR can accept ethics complaints from members of the public.
New information learned through this process is often shared with the membership through the SCR’s various member communications, including The SCR Weekly Report, SCR Broker Bulletin, SCR Legal FAQs, and other social media outlets without identifying the caller.
REALTOR® agents, brokers and brokers-in-charge can all contact the SCR Legal Hotline. When agents and brokers contact the hotline, the hotline attorneys will, when possible or practical, copy their broker-in-charge on the questions asked and responses given to avoid any conflict with individual office policies.
What subject areas are covered by the hotline?
Generally, the hotline will respond to any question related to real estate practice. The hotline offers information on Real Estate Commission regulations, the Code of Ethics, listing contracts, offers to purchase, forms use, disclosures, agency law, office management, general real estate law, and other related issues. If your question requires information outside the scope of the hotline service, you will be directed to the appropriate sources.
How and when can I reach the hotline?
The SCR Legal Hotline is open Monday through Friday from 9:00 a.m. to 5:00 p.m. You can call the SCR Legal Hotline at 803-772-5206, and press 1 or speak with the receptionist or email.
SCR staff attorneys’ contact information can be found at screaltors.org/legalhotline.
SCR provides members with access to an attorney for the purpose of a limited scope representation under the South Carolina Bar’s Rules of Professional Responsibility. The representation only lasts for the duration of the communications between the attorney and the member. The representation is limited to giving legal advice based solely upon the facts provided by the member–no additional investigation of the facts will be conducted by the staff attorneys. Please provide all relevant facts–they are confidential under the attorney-client relationship. Failure to give complete factual details could result in advice that does not apply to the actual circumstances. If the material facts are different from those provided by the member, the legal advice may be void or may require a change. SCR attorneys will not represent a member in an actual transaction, in litigation, or before the South Carolina Real Estate Commission. Changes in the law or regulations by legislative action and court decisions, may impact prior responses and SCR cannot and will not update earlier advice given on the Hotline.
Before accessing SCR’s legal services on the SCR website, the member must acknowledge and accept the following terms of hotline use:
As a member of the South Carolina Association of REALTORS® (“SCR”), I agree and understand that:
- I have read and understand the SCR Legal Hotline Policy.
- SCR cannot warrant or guarantee the accuracy of the information provided in response to a legal hotline inquiry if there are undisclosed facts or the facts vary from the information provided by me.
- The legal hotline attorney is engaged in a limited scope representation of the member that exists only during the communications.
- Any legal advice and other communication over the Hotline regarding a real estate transaction may be shared by SCR with the member’s broker-in-charge.
- The SCR legal hotline service provides information for the member’s purposes only and each member is responsible for contacting and hiring its own attorney for legal advice regarding legal issues.
- SCR assumes no actual or implied responsibility for any improper use or misuse of information provided by SCR legal hotline attorneys.
- The NAR Code of Ethics requires that REALTORS® refrain from the unauthorized practice of law and shall recommend the parties obtain their own legal counsel when their interests require it.
By agreeing, I affirm that I am a member of the South Carolina Association of REALTORS® and that I understand and accept the above terms and conditions for the use of the SCR Legal Hotline Service.
When calling the hotline, can I talk to an attorney right away?
Yes. If the attorneys are busy helping other members, please explain the situation in your message and request an immediate callback. The hotline attorney will make every effort to respond to your call as soon as possible.
How do I submit hotline questions?
When you call and leave a voicemail or message, be sure to give your name, spell your last name, your NRDS NAR membership number, give the telephone number where you can be reached — include your area code, your email address, give a brief summary of your question and specify the best time for the attorney’s callback. This way, the hotline attorneys can efficiently process the call without having to ask you for further information.
SCR staff attorneys’ contact information can be found at screaltors.org/legalhotline.
What happens when the attorney calls me back?
First the attorney will read a short disclaimer to you that you must consent before the attorney can provide any advice.
Disclaimer:
“As a member of SCR, do you agree:
- SCR cannot guarantee the accuracy of the information provided in response to a legal hotline question if there are undisclosed facts or the facts vary from the information provided by me.
- The legal hotline attorney is engaged in a limited scope representation of the member that exists only during the communications.
- Any legal advice and other communication over the Hotline regarding a real estate transaction may be shared by SCR with the member’s broker-in-charge.
- The SCR legal hotline service provides information for the member’s purposes only and each member is responsible for contacting and hiring its own attorney for legal advice regarding legal issues.
- SCR assumes no actual or implied responsibility for any improper use or misuse of information provided by SCR legal hotline attorneys.”
Then the hotline attorney will discuss the issues relating to your question. The attorney may respond to questions via email.
The hotline attorneys will use their specialized knowledge and experience to provide you with the information necessary to evaluate the situation you have described and any possible alternative actions.
If your call indicates that specific legal advice or extensive research is needed, the hotline attorney will suggest that you consult with private legal counsel.