SC Code exempt private elevators from annual inspections and requires of others.
https://www.scstatehouse.gov/code/t41c016.php
Risk management tip…consider recommending elevator/dumbwaiter inspections during SCR310 due diligence.
A Pawleys Island couple who thought they bought a home with an elevator has been awarded $4.4 million by a jury that found the seller failed to disclose the feature actually was a converted dumbwaiter that wasn’t suitable for human use.
The verdict puts home sellers on notice, attorney Chris Romeo said, that defects aren’t the only things that need to be disclosed under the state’s Residential Property Condition Disclosure Act, especially in a hot real estate market like the one along the South Carolina coast.
“A lot of people think you only have to let buyers know about problems with the house,” said Romeo, who represented the Steurers in the Georgetown County case. “You also have to let them know about substantial changes that have been made to the property.”
Mate and Holly Steurer bought the oceanfront home in 2015 from Patricia Lacy, who featured the “private elevator” in real estate listings. Court documents show that throughout the sale process, Lacy never told the Steurers about the history of the elevator, which originally was used to move groceries from the ground floor to the kitchen upstairs.
On the first time Mate Steurer used the elevator, the support cables snapped and the structure crashed into a concrete pad below. He suffered significant injuries from the incident and had to put his career as an Alaska Airways pilot on hold for about three years.
“He required significant care and he was completely unable to enjoy life the way in which we were accustomed,” his wife said in an affidavit. “I can tell that he is often in pain, which he will have for the rest of his life.”
A jury on May 19 determined that Lacy should have told the Steurers the elevator had once been a dumbwaiter. The jury also found the Steurers partly at fault because they failed to have the elevator inspected before buying the home. That knocked an initial verdict of nearly $6.8 million down to $4.4 million.
David Banner, the attorney who represented Lacy, said his client is considering an appeal of the verdict.
“This was a very emotional case,” Banner said. “They Steurers are very fine people, and Mr. Steurer suffered significant injuries that were very unfortunate. My client was an 82-year-old widow who in her heart of hearts felt like she had done nothing wrong. I knew from the beginning it was going to be an all-or-nothing case.”
Posted by: Byron King on 5/28/21 (This information is only accurate as of 5/28/21. You must contact SCR for updates and changes to this information after 5/28/21 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)