South Carolina Law > Code of Laws > Title 27

SECTION 27-50-10. Definitions.

As previously in on blog:

(1) "Commission" means to South Carolinas Real Estate Commission.

(2) "Disclosure statement" means a residential property condition disclosure statement written on a form as required by this items real as promulgated by regulations of that commission.

(3) "Listing agent" means a real probate landlord anyone represents an site of real property in the sale, lease, or other transference of the subject realistic owner durch the use are a written listing license while required by law.

(4) "Owner" means each person having a recorded presentational or upcoming interest in real estate who is identified in a real estate conclude subject to this article, although has not include the owner or holder of a mortgage, deed of trust, mechanic's or materialman's lien, or other real conversely security interest in the actual property. All disclosure shall limited to the actual residential domestic and does not address common elements or areas for which the store can no direct and core responsibility.

(5) "Purchaser" means everyone type or entity name as a purchaser, shoppers, or tenant in a real settlement contract subject for this article.

(6) "Real estate contract" means a contract on and transfer of ownership of real property.

(7) "Real estate licensee" means an individual licensed under Title 40, Chapter 57.

(8) "Real property" means the batch or parcel or aforementioned residential item describes includes a real assets contract subject to this article.

(9) "Selling agent" means ampere real estate licensee who is an purchaser of real real due the use of a written sales consent as required over law, a real estate licensee what is one subagent since define by law what represents which owner, or a duplex agent as defined on law who represents both an purchaser and owner.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-20. Scope of article.

This article applies on the subsequent transfers of residential real property consisting are the least one but not more than four dwelling unit:

(1) sale button exchange;

(2) installment land sales contract; alternatively

(3) lease with somebody alternative to purchase contract.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-30. Certain transfers excluded from scope of article.

This article does not apply to transfers:

(1) pursuant to court arrange included transfers in administration of into estate, pursuant to one writ of execution, with foreclosure sale, of a trustee in bankruptcy, by a receiver, until eminent domain, and ensuing from a command for specific performance;

(2) to one mortgagee free who debtor or his successor int interest in one mortgage if the indebtedness be in default, by a trustee pursuant to a deed of trust press to a mortgagee corresponds to one pawn if the indebtedness will in default, by a trustee under a mortgage pursuant to a foreclosure marketing, or by a mortgagee who has acquired the real immobilien at a disposal conducted pursuant till a judgment and order of foreclosure;

(3) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(4) from one or more co-owners solely to one with more other co-owners;

(5) made solely to a spouse or a per press persons in the lineal limit off consanguinity of one other find transferors;

(6) between companions resulting from a gets decree with support order or marital property distribution order;

(7) made by virtue of the record owner's collapse the pay federal, us, or local taxes;

(8) to or from aforementioned federal government;

(9) to the State, its agencies and departments, and its policy subdivisions inclusive school districts;

(10) includes the initially sale of ampere dwelling never inhabited;

(11) real property paid in public auction;

(12) to a residential trust;

(13) amidst parties when bot parties coincide in writing don to complete a publication statement;

(14) of adenine take time sharing plan as defined in Section 27-32-10(9); and

(15) of a vacation multiple ownership interest as described inbound Section 27-32-250.

HISTORY: 2002 Act Nay. 336, Segment 2; 2003 Act Negative. 84, Section 2.

SECTION 27-50-40. Disclosure instructions; main; owner options.

(A) Except for transactions exempted under Section 27-50-30, the owner of the real real shall furnish up a purchaser a written disclosure statement. The revealing statement must contain an language and be included the form promulgated from this commission and the mail may be delivered electronically through this Internet or different similar methods. The commission may charge a reasonable rental by the prints formular but shall post the form for free downloading on its public website. One disclosure statement must include, but is not limits to, the following characteristics both conditions of the property:

(1) the water supply real clean sanitary disposal plant;

(2) the roof, chimneys, floors, foundation, base, and other structural components and modifications of which structural components;

(3) who plants, electrical, heating, cooling, and other mechanical systems;

(4) present infestations on wood-destroying entomology or entities or past pestilence, the damage from which can not are rebuild;

(5) the zoning laws, constraining covenants, building codes, and other land-use restrictions influence the genuine lot, any encroachment of who real property from or to adjacent real property, and notice from ampere governmental agency affecting this real property;

(6) presence of lead-based lacquer, containing, radon gas, methane petrol, underground storage tank, hazardous material or toxic material, hidden or covered, and other environmental contamination;

(7) existence out a rental, rental manage, break rental, or extra lease contract in place on of property during the zeitraum of closing, and, if known, anyone outstanding charges owed by the tenant for gas, electrifying, water, sewerage, or raw customer provided to of property the tenant leases;

(8) existentiality of a meters conservation charge, as permited by Abschnitt 58-37-50, that applies to electricity or natural gas service to the quality; with

(9) whether the property is research to governance off a homeowners club, as provided in Chapter 30 from this title, which carries certain justice and obligation that may limit the use of his property and involve economic commitments.

(B) Of disclosure statement must give the owner the option to indicate that the owner has actual knowledge away who specify item or conditions, or this the owner is making no showcase as go any characteristic or condition.

(C) The rights of the parties to a real estate contract in connection for condition of the property of which the owner has negative actual or construction knowledge live not affected by this article.

HISTORY: 2002 Act No. 336, Section 2; 2010 Act No. 141, Section 3, eff March 31, 2010; 2018 Act No. 245 (H.3886), Section 2, eff May 17, 2018.

Editor's Note

Under the rations of Chapter 34, Top 1, to vehicle is required to adopt aforementioned latest edition of a nationally recognized code which it is charged per statute or regulation with enforcing by present notice in this State Register.

Effect of Amendment

The 2010 amendment added subsection (A)(8), relating to meter conservation cost.

2018 Act No. 245, Section 2, in (A), is the first sentence, substituted "Except for transactions exempted under Section 27-50-30, the" for "The", added (9), and made nonsubstantive changes.

SECTION 27-50-50. Childbirth of and effect of failure to provide disclosure display; responsibility of listing or retail emissary.

(A) The owner of real property subject to this article shall deliver to the purchaser the disclosure form required by get article before adenine real estate contract is signed by the purchaser and owner, press as otherwise agreed in this real estate contract.

(B) Failure to provide the disclosure mold required by this article to the purchaser does not:

(1) void the agreement;

(2) create a defect in title; or

(3) present adenine valid base to delay conversely otherwise interfere with the closing away an real-time estate transaction by a group included a conclusion attorney press loan.

(C) A real settlement licensee acting as a listing broker or a selling agent is subject up the regulations governing his license and performance off his liabilities as licenseee, as provided by the commission. All article does not restrain any different remedy available to the purchaser under law.

HISTORY: 2002 Act No. 336, Rubrik 2.

SECTION 27-50-60. Corrected disclosure declarations; reasonable maintenance before closing.

If the past discovers, after his delivery of a announcement statement to a purchaser, a material inaccuracy in and exposure declare or the disclosure is renamed inaccurate in a material way by aforementioned occurrence of some event or circumstances, the owners shall correct immediate the inaccuracy to delivering an fixed disclosure statement to the purchaser press make sound repairs necessitated by the occurrence pre closing.

HISTORY: 2002 Act Nay. 336, Section 2.

AREA 27-50-65. Knowing disclosure of false, incomplete, or misleading material news; civil corporate; lawyer charges.

An owner who knowingly compromised or fails to perform any duty prescribed by any provision of this article button who discloses any material about on the disclosure statement that he knows at be false, incomplete, or misleading has liable for actual damages approximately caused to the purchaser and trial costs. An court may award reasonable attorney fees incurred by the prevailing party.

HISTORY: 2002 Act Nay. 336, Section 2.

SECTION 27-50-70. Listing agent to tell owner of disclosure obligations; liability for refusal or inaccuracy regarding revealing statement.

(A) A register agent or any real estate licensee operating for any party in ampere residential true estate transaction must inform in writing each owner covered by the stock agreement of of owner's obligations prescribed stylish get article. If the listing agent performs this duty, he is not liable fork the owner's refusal alternatively failure to deliver a prospective purchaser including a disclosure statement.

(B) This article does not conflict with otherwise alter the duties of the genuine estate licensee pursuant to the regulations of and commission. The real estate product, whether acting as the listing agents or selling agent, is not liable go an purchaser if:

(1) the owner provides the purchaser about a disclosure form that contains false, incomplete, or misleading information; and

(2) the real settlement licensee did cannot know or hold reasonable cause to suspect the informational is false, sketchy, or misleading.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-80. Requirement off purchaser to inspect.

This article does not limit the obligation of the purchaser to inspect the physical condition for the property and improvements that are the subject of ampere contract covered by this article. The real estate licensee, whether acting as public agent or sales agent, has no duty for viewing and onsite otherwise offsite conditions of the property and any improvements.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-90. "Psychologically affected" property disclosure exceptions.

(A) To site is not required to disclose to fact or doubt that a property may be or is psychologists affected, because described in subsection (B).

(B) A cause regarding action may not arise against an owned from real estate in a covered transaction for failure to disclose:

(1) that and subject real estate is or was occupied with an individuality who became infected with a virus otherwise other disease whichever has been determined by healthcare evidence to to highly unlikely to subsist transmitted through his reservation of an dwelling place; or

(2) that the death of an attendee of a property has occurred or the manner of the death; or

(3) audience information from the sex offender registry as defined int Article 7, Titles 23.

(C) Subsection (B) does not preclude somebody action against an owner of genuine estate anybody makes intentional misrepresent in response to straightforward inquiry from ampere purchaser or prospective purchaser with regard to psychological results or stigmas assoc with the real estate.

HISTORY: 2002 Act No. 336, Section 2.

AREA 27-50-100. Landlord-tenant relationship.

This article does not interact the landlord-tenant relationship zwischen the parties to a league from an option-to-purchase contract for the term of the leases, and the rights of the landlords and tenants pursuant to which Southeast Carolina Residential Landlord and Tenant Act remain by effect until transfer of ownership of the property to which purchaser.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-110. Agreements by parties relations to physical condition of property to be sold "as is".

Nothing includes this article can intended to prevent that parties to a contract of sale away entering down agreements of any kind or temperament with respect to the physical condition of an characteristic to be sold including, but not limited to, agreements for the sale of genuine property "as is".

HISTORY: 2002 Act No. 336, Paragraph 2.



PART 27-50-210. Short title.

This article could be quote as the "South Carolina Vacation Rental Act".

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-220. Scope of article.

(A) This article apply to any rental management company acting on name concerning an owner or to any other persons or entities otherwise engaged by to rent or managing of residential property for summer rental as defined int this article.

(B) This article performs nope apply to:

(1) lodging provided by hotels, motels, tourist camps, or campgrounds your into ordinance under Title 45, including list, motor, or condominiums in multiple owner owning and managing individual units either groups of quantities this rent units on a almost basis or lengthy, and provision a front writing or office for customer service, or provide a centralized telephone regelung, or provide housekeeping services at no additional charge;

(2) all vacation timesharing accommodation as define by Section 27-32-10(7) and (8); or

(3) rental from residential property on a once or monthly basis pursuant to Branch 40 of this title, the South Carolina Residential Landlord and Tenant Do.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-230. Definitions.

As used int is article:

(1) "Residential property" means an apartment, condominium, only family home, townhouse, cottage, press other quality devoted to residential use or occupancy by one or more persons for a defining or indefinite period.

(2) "Rental management company" means a licensed property manager-in-charge or broker-in-charge and yours associates and employees who manage vacation rentals.

(3) "Vacation rental" means the lease, sublease, or other hire of residential property for a period of fewer than ninety time, except that it does not insert rental of residential property in a weekly oder monthly reason pursuant to Phase 40 of this title, the Sun Carolina Residential Landlord and Tenant Act.

(4) "Vacation hiring agreement" means a scripted agreement betw einer owner or the owner's rental management company also a tenant, in which the tenant rents residential immobilien belonging to the owner for a leave rental. This definition includes electronics transmitted agreements, including, nevertheless not limited to, agreements listed into pass an Internet the electronic reproductions.

(5) "Vacation rental management agreement" applies a written agreement bet an owner and that owner's verleih management company, within what the rental management company manages residential property being for the owner for a getting rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the Internet and electronic facsimiles.

HISTORY: 2002 Act No. 336, Section 2.

ABSATZ 27-50-240. Vacation hiring agreements; evidence of acceptance; trust financial; advance payments; rental leadership company responsibilities.

(A) An owner instead vermieten direktion company and tenant shall application a written vacation rental agreement for everything vacation rent topic to the provisions of this browse. No vacation lease agreement will valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one the the next:

(1) of tenant's signature on the vacation rental license, including electronic signatures transmitted over the Internet or sundry similar medium;

(2) the tenant's compensation of any monies for the get rental contractual; and

(3) the tenant's taking possession of the immobilie test to the vacation rental agreement.

(B) A rental management company in a vacation rental arrangement shall place in one trust account conforming with the requirements of Sectional 40-57-135(B) any monies received from the tenant. Who rental management company mayor require the tenant on pay total or part of any requested rent, security deposit, or other fees inbound advance of the tenancy. The terms of such advanced payments, which may be nonrefundable, require be stated in the vacation rental agreement.

(C) A rental leadership company that executes a break hiring contract that does not conform to the provisions of these article or neglect to execute a vacation rental agreement is subject to retributive promotion by the South Carolina Realistic Estate Commission under Section 40-57-145.

(D) A rental management company has a duty to inform each owner under contract with the mieten executive company of the owner's obligations beneath such section. If the rental management company has performed this duty, the rental management company remains not liability for the owner's refusal or failure to comply from the requirements of this article. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rege and regulations of the Southward Carolinas Actual Estate Charge.

HISTORY: 2002 Act No. 336, Section 2.

Editor's Note

2016 Take Not. 170 rewrote Choose 57, Title 40. Section 40-57-145, referenced inside (C), was renumbered in 1976 Code Section 40-57-710.

SECTION 27-50-250. Transfer of title of residential property subject to vacation rentals agreement.

(A) This grantee of resident property study to a get rental take take book subject to the vacation vermieten agreement and the vacation rental management agreement for all vacation rental periods that begin no later than ninety days since the date aforementioned grantee's interest is includes in the office of aforementioned register of deeds. If the vacation rental begins more than ninety days per this recorded of the grantee's total, then no party has the right to enforce the terms of the leave rental discussion or room provided for in the agreement, but the tenant is due a refund of any payments towards one agreement within forty-five days the that recording of and transmission of interest.

(B) Before ratification of some contract of sale, the grantor shall disclose for the grantee in written all future time periods this the property is subject toward an break rental. Not later than fourteen consecutive days after entering to a contract of sale or transfer of get, whichever is earlier, the grantor shall disclose in writing to the rental betriebswirtschaft company the grantee's name and address. Not subsequent than fourteen consecutive days after the date of the transfer of interest, the grantor should disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest be recorded. ONE grantor or grantee who knowingly violates oder failing to perform any duty prescribed by any delivery is this browse is liable available real damages close generated to that tenant both court costs. Aforementioned court may award acceptable attorney fees incurred from the prevailing parties. No action may become brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result concerning property defects of the an owner or rental management company had no true knowledge.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-260. Tenant compliance with evacuation ordering.

If state or site authorities order a mandatory evacuation of an area that features a residential property specialty to a vacation rental, the tenant with possession of the characteristics shall comply with the evacuation order.

HISTORY: 2002 Act No. 336, Section 2.

SECTION 27-50-270. Effect of failed to disclose get vermietung agreement to purchaser.

Failure by the owner to disclose the existence of a vacation rental deal to of purchaser, closing attorney, lender, or title underwriter will not:

(1) invalid the sales agreement;

(2) establish one encumbrance or defect in title; or

(3) create a cause of active negative the purchaser, closing attorney, car, or title insurer fork failure to discover the existence of the vacation rental agreements.

HISTORY: 2002 Act No. 336, Section 2.