Sell in Columbia with Meydomo

Residential Property Condition Disclosure Statement

South Carolina law (S.C. Code §27-50-10 et seq.) requires sellers of residential real property (1–4 dwelling units) to provide a written **Residential Property Condition Disclosure Statement** to the buyer **before** a contract is signed. The SC Real Estate Commission’s approved form asks sellers to disclose conditions of the property’s systems and structure: roof, HVAC, electrical, plumbing, water supply, sewer or septic, foundation/basement, pest infestations, structural damage, presence of environmental hazards (like asbestos, radon, underground tanks), zoning violations, HOA governance, and any other material defects. Some specific SC additions: sellers must disclose if the property is on a floodplain or has ever flooded, if it’s under termite bond, and if it’s had a marine easement. There are exemptions (e.g., new construction homes from a builder, sales between family, estate executors under certain conditions, etc.). If a seller fails to provide the disclosure, the buyer may have grounds to sue for actual damages and possibly terminate the contract. South Carolina also separately mandates disclosure of **material facts** not on the form if asked directly by the buyer or if known (the license law compels agents to disclose material adverse facts). Notably, SC requires a specific disclosure form for a property that was previously used for a methamphetamine lab (unless properly remediated), but that’s rare and usually covered by saying 'environmental hazards' on the main form.

• S.C. Code §27-50-40:contentReference[oaicite:218]{index=218}
• S.C. Code §27-50-80

MLS Practices

In South Carolina, the major MLSs (like the Charleston Trident MLS, or Greater Greenville MLS) require a listing agreement. MLS rules follow Clear Cooperation. Listings typically indicate if the seller’s disclosure form is provided – buyer agents will expect it as it’s legally required (and often attach it in the MLS). Some SC MLS also have a checkbox if a property is in a flood zone and what level, which correlates with the required flood disclosure on the form. Fair housing guidelines are strictly enforced in remarks. Additionally, because SC has many properties on septic or wells in rural areas, MLS listings include fields for sewer/water type, and agents better match what the disclosure says. If the disclosure reveals something like 'minor foundation settling observed', an agent might mention “house has been inspected by structural engineer – report available” in remarks to reassure, but MLS doesn’t require it. It’s just strategy. The MLS does require at least one photo (usually front exterior) and timely status changes. If a seller refuses to fill out the disclosure (which by law they shouldn’t except for exempt cases), the MLS agent remarks might say 'seller exempt from SC disclosure law under §27-50-30' to clarify why it’s missing (like an estate sale scenario). That's rare though. Typically, SC MLS and law work in tandem to ensure the buyer gets that form at or before contract.

• Charleston MLS Rules & Regs
• SC Code §27-50-30

Lead-Based Paint Hazard Disclosure

Federal law requires sellers of pre-1978 residential properties to disclose known lead-based paint hazards and provide the EPA lead hazard pamphlet, and allow buyers a 10-day period to conduct lead testing if they wish.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal (and SC) law, advertisements for home sales cannot indicate preference or exclusion based on protected classes. For instance, phrasing like 'no children' or 'perfect for Christian families' is illegal. South Carolina’s fair housing law aligns with the federal categories.

• 42 U.S.C. §3604(c)
• S.C. Code §31-21-40