Listing agents must always properly respond to all offers in writing/ewriting.
Proper responses can include:
Seller acceptance
Seller counter offer
Seller rejection
Seller rejection with an invitation for all competing buyers to submit their highest and best terms offer by a deadline for the seller to consider
All seller rejections require properly using the LLR SCREC state government offer rejection form.
https://llr.sc.gov/re/recpdf/Offer_rejection_Form.pdf
aka SCR314 in the SCR forms libraries
https://screaltors.org/wp-content/uploads/Forms/314.pdf
If your seller has a reason for a delay that puts you at risk of a very lengthy delay (e.g., the seller is on a cruise, the seller is incommunicado) or missing the 48 hour response timeframe post seller rejection, contact the SCR legal hotline asap and your BIC asap and properly communicate with the buyer agents/brokerages/BICs/unrepresented buyers asap so they do not become upset or file a complaint at LLR against you and your BIC.
Proper communication is often your best risk management.
The listing brokerage signs the properly completed offer rejection form.
To date, the LLR SCREC has rejected requests to add the seller signature line to the LLR offer rejection form. FYI regarding the seller signature – many buyer agents and buyers want to see the seller signature to give them confidence that the seller saw their offer. LLR has not banned the listing brokerage having the seller sign the offer rejection form below the listing brokerage signature to help buyer agents and buyers have confidence that the seller saw their offer and the listing agent did not conceal their offer from the seller.
SC license law on this form and some offer procedures…
(4) The broker-in-charge shall ensure that supervised licensees prepare all offers and counteroffers in writing, have them dated and signed by the offerors, and promptly present them to the offerees or the offerees’ representative and ensure that:
(a) changes or modifications made during negotiations are in writing and initialed and dated by both parties before proceeding with the transaction;
(b) all of the terms and conditions of the transaction are included in the offer to purchase; and
(c) if supervised licensees obtain a written acceptance of an offer or counteroffer, true, executed copies will be promptly delivered to all parties.
(5) If an offer is rejected without counter, an offer rejection form, promulgated by the commission, signed by the licensee affirming presentation of the offer must be provided to the offeror by the licensee within forty-eight hours of rejection, whether the agent of the buyer, the seller, or if acting as a transaction broker.
(6) An offer and counteroffer may be communicated by use of a fax or other secure electronic means including, but not limited to, the Internet, and the signatures, initials, and handwritten or typewritten modifications to the foregoing documents are considered valid and binding upon the parties as if the original signatures, initials, and handwritten, or typewritten modifications were present on the documents in the handwriting of each party.
This information is only accurate as of 3/7/25. You must contact SCR for updates and changes to this information after 3/7/25 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.