REALTORS® should always use caution and due diligence with any unknown buyers who cold contact the REALTOR® with a desire for a cash deal with a quick close and early occupancy. REALTORS® should require background information such as proper documentation of sufficient available cash and identification. For fair housing risks, best practices can mean that… Continue Reading Safety Alert to All REALTORS(R) Statewide
SCR391 has the AS IS checkbox. SCR310 and SCR300 residential sales agreements define AS IS under the Repair Procedure Section. SCR forms typically convert over time to an AS IS agreement should all the parties "snooze" through their deadlines. An alternative to SCR391: SCR "As Is" using SCR Standard Forms (SCR "As Is" = SCR300… Continue Reading SCR391 AS IS Checkbox
SCR encourages members to send legal reports of trials, settlements, lawsuits, etc. to SCR. Law libraries only record SC Court of Appeals decisions and SC Supreme Court decisions. Trial level issues rarely get appealed, so reporting would help SCR identify risks. Please Forward Legal Issues to Your SC REALTORS Legal Staff SCR needs your help.… Continue Reading Please Send Your Legal Stories to SCR
Real Estate Rental Scams (Scrape Listing and Repost as a Fake Rental) In addition to reporting to the offending website so the scam rental ad can be taken down.... Here are some more solutions: Sign in yard "NOT FOR RENT" to deter drive up renter victims. Yard sign can be in the photograph of front… Continue Reading Rental Scams
Changing Brokerages? Know Your REALTOR Ethics on Listing Agreements, Buyer Agency Agreements, and other Brokerage Contractual Agreements: • Standard of Practice 16-20 Realtors®, prior to or after their relationship with their current firm is terminated, shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm. This… Continue Reading Changing Brokerages?
Treating Listings With Respect REALTORS should educate agents and potential buyers about treating listings with respect. REALTORS should educate agents and sellers about listing issues such as securing all valuables, weapons, drugs, identity information, alcohol, and items of sentimental value. When visiting a listing, ensure the property is left secured from easy burglary (windows and… Continue Reading Treat Listings with Respect
How Do Judges Interpret Real Estate Contracts? In construing a contract, the primary objective is to ascertain and give effect to the intention of the parties. Contracts should be liberally construed so as to give them effect and carry out the intentions of the parties. The parties' intention, must in the first instance, be derived… Continue Reading Judges and Contracts
What are the Remedies for a Breach of Contract of SCR Standard Foms? Firstly, the SCR standard forms encourage disputants to settle their contract disputes instead of expensive/lengthy/uncertain of outcome litigation/appeals. The SCR standard forms require an attempt at voluntary mediation settlement prior to litigation proceeding. Parties can self settle or mediate a settlement. Lawyers… Continue Reading Contract Remedies
HOA Collecting Dog DNA HOA snoop dog DNA to catch owners who do not scoop dog waste. http://www.news4jax.com/news/fight-over-dna-testing-dog-feces-continues/22924154 Posted by : Byron King on 5/8/18 (This information is only accurate as of 5/8/18. You must contact SCR for updates and changes to this information after 5/8/18 as laws and regulations may change over time. SCR… Continue Reading HOA’s on the Prowl/Howl
Carbon Monoxide Detector Alarms in SC Building Code Now Fossil fueled equipment can increase risk of occupant death from deadly carbon monoxide gas if not venting and operating properly. Some examples of fossil fueled equipment: HVAC, water heater, pool heater, vehicle/generator running in a garage, kitchen stove/oven. http://www.collinsandlacy.com/updated-south-carolina-building-and-fire-codes-include-carbon-monoxide-alarm-requirements-aimed-at-protecting-against-the-silent-killer/ Posted by : Byron King on 5/8/18… Continue Reading CO2 Issues