NAR on the unauthorized practice of law and risk management:

https://www.nar.realtor/videos/window-to-the-law/avoiding-unauthorized-practice-law

The South Carolina Supreme Court decides what is the practice of law and what is the unauthorized practice of law in South Carolina. In the past, the South Carolina Supreme Court has stated that the closing of real estate deals is the practice of law.

NAR ethics and SC laws prohibit you from practicing law without a valid law license.

NAR ethics requires you to recommend the parties to obtain legal counsel when they need legal counsel which includes almost anything to do with legal issues involving a real estate deal including allegations of breach of contract and drafting the legal forms/contracts/agreements used in a real estate deal.

SCR provides standard forms that parties and their lawyers can tailor to their real estate needs.

Generally, REALTORS® can fill in the blanks on SCR forms properly which means only names, dates, items, dollars, list of repairs, but always call your lawyer and the SCR legal hotline 803-712-3478 asap and upfront if you find yourself writing in phrases or sentences into legal forms, SCR forms, similar.

Call the SCR legal hotline for any legal issues. 803-712-3478.

Many times, the legal hotline will provide an answer to help and to protect you but also include a reminder that you must recommend the parties hire their own lawyers asap when there are legal issues and or legal disputes or someone is about to be sued, harmed, sue, or try to force compliance with the legal agreements. This is to protect you and to protect the consumer.

The National Association of REALTORS® is America’s largest trade association, representing more than 1.5 million members involved in all aspects of the residential and commercial real estate industries. The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics.

Posted by: Byron King on 04/09/24 (This information is only accurate as of 04/09/24. You must contact SCR for updates and changes to this information after 04/09/24 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.