Seller Disclosure Requirements
in South Carolina

inciple of law. While buyers are still expected to perform their own due diligence, the South Carolina Residential Property Condition Disclosure Act fundamentally alters the landscape by mandating proactive communication from sellers. This legislation requires most sellers of residential property (from a single-family home in Columbia to a condo in Myrtle Beach) to provide a potential buyer with a detailed written statement disclosing the seller's knowledge of the property's condition. This critical document, the official South Carolina Residential Property Condition Disclosure Statement, must be delivered before a contract is signed. Upon receipt, the buyer has a specific timeframe to review this property disclosure and, if concerning information is revealed, a right to terminate the contract without penalty. The essence of the law is to arm buyers with crucial information, shifting the balance away from a pure 'buyer beware' environment.

At the heart of the state’s regulations are the specific South Carolina disclosure requirements outlined in the official statement. The form is not a vague questionnaire; it is a meticulous checklist compelling sellers to confront and reveal what they actually know about their property's history and current state. You will be asked to report on the condition of the water supply, sewage disposal, roof, HVAC systems, plumbing, electrical systems, and structural components like the foundation and basement. Critically, sellers must also address environmental matters, including the presence of lead paint, asbestos, radon gas, or underground storage tanks. Market data shows countless disputes arise from a seller checking 'No' or 'No Representation' when they had direct knowledge of a past issue, such as a repaired roof leak or a previous termite treatment. The core question is not whether the problem is fixed, but what must sellers disclose about its very existence, providing a complete history for the buyer.

Given South Carolina's unique geography and climate, certain disclosures carry immense weight. From the humid, subtropical climate of the Lowcountry to the clay soil of the Upstate, our environment presents specific challenges that must be addressed in any property disclosure. I’ve litigated cases where sellers failed to mention the installation of a sump pump in a Charleston crawlspace, a clear indicator of past water intrusion issues. Disclosing a history of wood-destroying organisms like Formosan termites is not just a suggestion; it's a necessity, especially if a termite bond has been in place. Furthermore, for properties along the coast from Hilton Head to the Grand Strand, information regarding flood zones, elevation certificates, and any past hurricane-related damage is paramount. These climate-specific disclosures are not optional; they are a fundamental component of an honest transaction and a key part of the broader seller disclosure South Carolina mandate.

Failure to provide an honest and accurate disclosure can lead to devastating legal and financial consequences, long after the closing papers are signed. When a seller intentionally conceals a known material defect—a leaky pipe they simply painted over or a foundation crack hidden behind a new sheet of drywall—they open themselves up to a lawsuit for fraud or misrepresentation. We call these 'latent defects' because they are not readily discoverable during a standard home inspection. In litigation, Market data shows sellers forced to pay for extensive repairs, cover the buyer’s legal fees, and in some egregious cases, the court can even order a rescission of the entire sale. The South Carolina disclosure requirements are not a mere formality; they are a legal tripwire. A seller’s attempt to save a little by hiding a problem can ultimately cost them everything.

Ultimately, the most effective legal shield for a seller is radical transparency. Completing the South Carolina seller disclosure form with meticulous honesty is your best defense against future claims. I strongly advise clients to consider a pre-listing home inspection; this not only helps you identify and fix issues beforehand but also provides a third-party report you can use to substantiate your disclosures. When you encounter a question on the form about a past problem that has since been repaired, use the explanation lines to detail the issue, the date of the repair, and the name of the contractor who performed the work. This level of detail doesn't scare buyers away—it builds their confidence. It demonstrates that you are a responsible homeowner and transforms a potential red flag into a settled matter, paving the way for a smoother, faster, and more secure sale.