Hotline is getting calls about what conveys and what does not convey on a residential re-sale deal using SCR310, especially involving issues like smart doorbells, mounted cameras, mounted microphones, mounted televisions, mounted speakers, refrigerators, stoves, ice makers, washer/dryer, sheds, playground equipment, chandeliers, fountains, above ground non-built in spas/pools, etc.
The safe answer is to write into the SCR310 all the items that the buyers want to convey and the sellers want to convey to minimize disputes and the need to hire trial lawyers.
This writing down all the items into the deal’s documents can be vital with furnished rental investment property being conveyed with an inventory of personal property (e.g., linens, furniture, dishes).
Reminder to write into the contract, serial numbers and identifying information for valuable items into the contract to help prevent swap outs with lesser value items (e.g., even use this reminder with built in refrigerators).
SCR390 (blank addendum) and/or SCR518 (bill of sale for personal property) can be used to include items conveying into the SCR310 agreement.
https://screaltors.org/wp-content/uploads/Forms/503.pdf
Warning against relying on advertising and MLS regarding personal property conveyance. Write the items into the contract.
Warning against including the MLS listing by attachment or mention in the contract (e.g., square footage, non-reliance clause). Write the items into the contract.
However if the parties do not write into the SCR310 items that the buyers want to conven and the sellers want to convey (or don’t want to convey), the SCR310 covers the issue so that a judge can decide after the trial lawyers present their case with this language (e.g. fixtures):
Fixtures is a SC legal test that the judge applies (e.g., how affixed, how intended to be used, intent of the parties).
3. PROPERTY: Hereby acknowledging sufficient good Contract consideration (e.g. mutual promises herein), Seller will sell and convey and Buyer will buy for the Purchase Price any and all lot or parcel of land, appurtenant interests, improvements, landscape, systems, and fixtures if any thereon and further described below ("Property"). Seller agrees to maintain in operable condition the Property and any personal property conveying in same operable condition, including any landscaping, grounds and any agreed upon repairs or replacements, from the Effective Date through Closing subject to normal operable wear and tear. Buyer acknowledges opportunity to inquire about owners association issues, common area issues, condominium master deed issues, assigned parking/storage areas, memberships, lease issues and financed equipment prior to signing Contract. Leasing issues and items and financed equipment see Adjustments (e.g. tenants, leases, future vacation renters, SC vacation rental act reservations, rents, deposits, documents, solar panels, fuel tanks with fuel, alarm systems, satellite equipment, roll carts).
Some imprecise rules of thumb are the following (e.g., no guarantee a trial judge will agree): Is the item like a table lamp that is merely plugged into an outlet and therefore is personal property, not a fixture? Are any tools required to install or remove the item? Better: Always call the hotline!
SCR offers mediation information for the parties to utilize.
Posted by: Byron King on 06/06/22 (This information is only accurate as of 06/06/22. You must contact SCR for updates and changes to this information after 06/06/22 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.