Summary: SC Real Estate Commission Meetings August 12-13, 2026

  • The South Carolina Real Estate Commission (REC) met in Columbia on August 12–13. SCR VP of External Affairs and Strategy, Louis Dettorre attended the two-day meeting.
  • The REC formally approved two guidance documents: 1) clarifying commission payment procedures following a licensee’s death and 2) addressing seller-directed limited residential market exposure.
  • A Task Force was established to finalize a voluntary residential limited exposure marketing and broker compliance form, which it anticipates releasing shortly after approval.
  • A Task Force was established to recommend standards for instructor training and credentials.
  • The REC received a finance report from LLR and an REC Executive Report.
  • 2026 Chair John Rinehart was elected as the 2027 Chair, and 2026 Vice Chair David Burnett was elected as the 2027 Vice Chair.

1. Payment of Commission After Death of Licensee

This guidance document addresses the administrative and legal issues that arise when an active licensee passes away while involved in pending real estate transactions. You can review the guidance document on the REC website.

  • Earned vs. Paid Distinction: South Carolina law dictates that the brokerage—not the individual licensee—earns the real estate commission based on the brokerage agreement. The affiliated licensee’s right to compensation is separately governed by their employment or independent contractor agreement with the brokerage.
  • S.C. Code §40-57-710(A)(12), prohibits the payment of “a commission or compensation to an unlicensed individual for activities requiring a license under this chapter.” This section is relevant because brokerages cannot make commission or compensation payments to unlicensed persons for real estate activities requiring a license. Thus, in the case of a deceased licensee that is owed commission or compensation for items earned while the licensee was still living, such payments must be made to the licensee (their personal representative would be able to deposit the payment into an estate-controlled bank account) or to the estate of the licensee.

2. Seller-Directed Limited Residential Market Exposure Guidance

This guidance clarifies the legal, ethical, and fiduciary responsibilities surrounding "Limited Market Exposure Listings" (commonly referred to as Office Exclusives, Private Listings, Pocket Listings, or Off-MLS Listings). You can review the guidance document on the REC website.

The guidance does not prohibit limited market exposure listings.

Rather, it reminds licensees of their existing duties under the South Carolina Real Estate License Law when recommending or facilitating these marketing strategies. However, South Carolina’s real estate licensing laws and federal and state fair housing laws reflect strong public policy favoring open, competitive, and nondiscriminatory housing markets. Broad marketing for residential property generally promotes these objectives by exposing properties to the greatest number of qualified purchasers, encouraging competition, increasing transparency, and reducing opportunities for unlawful steering or discrimination. Accordingly, the Commission believes that broad public marketing for residential property will ordinarily be more consistent with both a seller’s stated goals and the public policy favoring equal housing opportunity unless the seller’s particular circumstances reasonably warrant a more limited marketing strategy. A licensee recommending a limited market exposure listing bears the responsibility of demonstrating that the recommendation was made in the seller’s best interests and not primarily to advance the interests of the brokerage or its affiliated licensees.

This guidance is intended to assist South Carolina real estate licensees in understanding:

  • The seller’s right to choose a marketing strategy;
  • The broker’s fiduciary duties to the seller;
  • The importance of transparency and meaningful informed consent;
  • Fair housing considerations associated with limited market exposure; and
  • Recommended disclosures and documentation.

Report by Louis Dettorre, VP, External Affairs & Strategy
August 13, 2026
*This is not legal advice and is written by a non-attorney.



Posted by: Byron King on 8/14/26 (This information is only accurate as of 8/14/26. You must contact SCR for updates and changes to this information after 8/14/26, 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.