The South Carolina Code of Laws (Title 27, Chapter 50, Article 1) requires that an owner of residential real property (a single-family dwelling unit or a single transaction involving transfer of four dwelling units or less) shall provide to a purchaser this completed and signed disclosure statement prior to forming a real estate contract. This disclosure must be provided in connection with any sale, exchange, installment land sale, or lease with an option to purchase contract. This disclosure statement is not required in connection with transactions listed and exempted by South Carolina Code Section 27-50-30.

Owners should answer the questions fully, honestly, and appropriately by attaching documents, checking a box for each check box question, and writing in the blanks on this disclosure statement.

If a question is answered “Yes” or asks for a description, then the owner must explain or describe the issue or attach a descriptive report from an engineer, contractor, pest control operator, expert, or public agency. If the owner attaches a report, the owner shall not be liable for inaccurate or incomplete information in the report unless the owner was grossly negligent in obtaining or transmitting the information. If the owner fails to check “Yes” or make a disclosure and the owner knows there is a problem, then the owner may be liable for making an intentional or negligent misrepresentation and may owe the purchaser actual damages, court costs, and attorney fees. If a question is answered “No” for any question, the owner is stating that the owner has no actual knowledge of any problem.

By answering “No Representation” on this disclosure statement, the owner is acknowledging that they do not have the current knowledge necessary to answer the questions with either a “Yes” or “No” response. The owner still has a duty to disclose information that is known at the time of the disclosure statement. “No Representation” should not be selected if the owner simply wishes to not disclose information or answer the question. Selecting “No Representation” does not waive liability if the owner is aware or subsequently becomes aware.

If a question is answered and subsequently new information is obtained or something changes to render the owner’s answer incorrect, inaccurate or misleading (example: roof begins to leak), the owner must promptly correct the disclosure. In some situations, the owner may notify the purchaser of the correction. In some situations, the owner may correct or repair the issue.

The owner shall deliver to the purchaser this disclosure before a real estate contract is signed by the purchaser and the owner, or as otherwise agreed in the real estate contract. The real estate licensee must disclose material adverse facts about the property if actually known by the licensee about the issue, regardless of the owner responses on this disclosure. Owner is solely responsible to complete this disclosure as truthfully and fully as possible. The owner and purchaser are solely responsible to consult with their attorneys regarding any disclosure issues. By signing below, owners acknowledge their duties and that failure to disclose known material information about the property may result in owner liability.

The owner must provide the completed disclosure statement to the purchaser prior to the time the owner and purchaser sign a real estate contract unless the real estate contract states otherwise. The owner should provide a signed copy to the purchaser and keep a copy signed by the purchaser.

A real estate contract, not this disclosure, controls what property transfers from owner to purchaser.

Property Address (including unit # or identifier) _

IV. PRESENT OR PAST INFESTATION OF WOOD DESTROYING INSECTS OR ORGANISMS OR DRY ROT OR FUNGUS, THE DAMAGE FROM WHICH HAS NOT BEEN REPAIRED, OR OTHER PEST INFESTATIONS

1. A. Describe any known present wood problems caused by termites, insects, wood destroying organisms, dry rot or fungus:

   _

2. B. Describe any termite/pest treatment, coverage to property, name of provider, and termite bond (if any):

   _

3. C. Describe any known present pest infestations:

   _

4. V. THE ZONING LAWS, RESTRICTIVE COVENANTS, BUILDING CODES, AND OTHER LAND USE RESTRICTIONS AFFECTING THE REAL PROPERTY, ANY ENCROACHMENTS OF THE REAL PROPERTY FROM OR TO ADJACENT REAL PROPERTY, AND NOTICE FROM A GOVERNMENTAL AGENCY AFFECTING THIS REAL PROPERTY

   Apply this question below and the three answer choices to the numbered issues (15-28) on this disclosure.
   As owner, do you have any actual knowledge or notice concerning the following:
   	Yes	No	No Representation
   15. Violations or variances of the following: zoning laws, restrictive covenants, building codes, permits or other land use restrictions affecting the real property.	[]	[]	[]
   16. Designation as a historic building, landmark, site or location within a local historic or other restrictive district, which may limit changes, improvements of demolition of the property.	[]	[]	[]
   17. Easements (access, conservation, utility, other), party walls, shared private driveway, private roads, released mineral rights, or encroachments from or to adjacent real property.	[]	[]	[]
   18. Legal actions, claims, foreclosures, bankruptcies, tenancies, judgments, tax liens, other liens, first rights of refusal, insurance issues, or governmental actions that could affect title to the property.	[]	[]	[]
   19. Room additions or structural changes to the property during your ownership.	[]	[]	[]
   20. Problems caused by fire, smoke, or water (including whether any structure on the property has flooded from rising water, water intrusion, or otherwise) to the property during your ownership.	[]	[]	[]
   21. Drainage, soil stability, atmosphere, or underground problems affecting the property.	[]	[]	[]
   22. Erosion, erosion control, or erosion control structure, such as a bulkhead, rock revetment, seawall, or buried sandbags, affecting the property.	[]	[]	[]
   If “Yes” to Question 22, provide a general description including material, location on the property, approximate size, etc.
   23. Flood hazards, wetlands, flood hazard designations, flood zones, or flood risk affecting the property.	[]	[]	[]
   24. Whether the property is currently insured through public (e.g., National Flood Insurance Program) or private flood insurance.	[]	[]	[]
   25 Private or public flood insurance (e.g., Federal Emergency Management Agency (FEMA)) claims filed on the property during your ownership.	[]	[]	[]
   If “Yes” to Question 25, list the approximate date(s), general description of event(s), nature of any repair(s), and amounts of all claim(s).
   26. Repairs made to the property as a result of flood events that were NOT filed with private or public insurance during your ownership.	[]	[]	[]
   If “Yes” to Question 26, list the approximate date(s), general description of event(s), nature of any repair(s), and amounts of all flood-related repairs.
   27. Has federal flood disaster assistance (e.g., from FEMA, Small Business Administration, HUD) been previously received during your ownership?	[]	[]	[]
   If “Yes” to Question 27, what was the amount received and the purpose of the assistance (elevation, mitigation, restoration, etc.)?
   28. Whether the property has been assessed for a beach nourishment project during your ownership.	[]	[]	[]

5. A. Describe any green energy, recycling, sustainability or disability features for the property:

   _

6. B. Describe any Department of Motor Vehicles titled manufactured housing on the property:

   _

   VI. BURIED, UNBURIED, OR COVERED PRESENCE OF THE FOLLOWING: LEAD-BASED PAINT, LEAD HAZARDS, ASBESTOS, RADON GAS, METHANE GAS, STORAGE TANKS, HAZARDOUS MATERIALS, TOXIC MATERIALS, OR ENVIRONMENTAL CONTAMINATION

7. A. Describe any known property environmental contamination problems from construction, repair, cleaning, furnishing, intrusion, operating, toxic mold, methamphetamine production, lead based paint, lead hazards, asbestos, radon gas, methane gas, formaldehyde, corrosion-causing sheetrock, storage tanks, hazardous materials, toxic materials, environmental contamination, or other: _

   _

   VII. EXISTENCE OF A RENTAL, RENTAL MANAGEMENT, VACATION RENTAL, OR OTHER LEASE CONTRACT ANTICIPATED TO BE IN PLACE ON THE PROPERTY AT THE TIME OF CLOSING

8. A. Describe the rental/lease terms, to include any vacation rental periods that reasonably may begin no later than ninety days after the date the purchaser’s interest is recorded in the office of the register of deeds, and any rental/leasing problems, if any: _

   _

9. B. State the name and contact information for any property management company involved (if any):

   _

10. C. Describe known outstanding charges owed by tenant for gas, electric, water, sewer, and garbage:

    _

    VIII. EXISTENCE OF A METER CONSERVATION CHARGE, AS PERMITTED BY SECTION 58-37-50 THAT APPLIES TO ELECTRICITY OR NATURAL GAS SERVICE TO THE PROPERTY

11. A. Describe any utility company financed or leased property on the real property:

    _

12. B. Describe known delinquent charges for real property’s gas, electric, water, sewer, and garbage:

    _

    _

    _

    IX. WHETHER THE PROPERTY IS SUBJECT TO GOVERNANCE OF A HOMEOWNERS ASSOCIATION WHICH CARRIES CERTAIN RIGHTS AND OBLIGATIONS THAT MAY LIMIT THE USE OF THIS PROPERTY AND INVOLVE FINANCIAL OBLIGATIONS

    	Yes*	No	No Representation
    			[]
    _________________________________________________________________
    If Yes, owner must complete the attached Residential Property Disclosure Statement Addendum.	[]	[]

13. X. PLEASE USE THE SPACE BELOW FOR “YES” ANSWER EXPLANATIONS AND ATTACH ANY ADDITIONAL SHEETS OR RELEVANT DOCUMENTS AS NEEDED

    _

    _

    This disclosure does not limit the obligation of the purchaser to inspect the property and improvements which are the subject of the real estate contract. Purchaser is solely responsible for conducting their own offsite condition inspections and psychologically affected property inspections prior to entering into a real estate contract. The real estate licensees (acting as listing or selling agents, or other) have no duty to inspect the onsite or offsite conditions of the property and improvements. Purchaser should review all applicable documents (covenants, conditions, restrictions, bylaws, deeds, and similar documents) prior to entering into any legal agreements including any contract. The South Carolina Code of Laws describes the Residential Property Condition Disclosure Statement requirements and exemptions at Sections 27-50-10 (and following) which can be read online (www.scstatehouse.gov or other websites).

    Current status of property or factors which may affect the closing:

    [] Owner occupied	[] Short sale	[] Bankruptcy	[] Vacant (How long vacant?): _____
    [] Leased	[] Foreclosure	[] Estate	[] Other: __________________
    [] Subject to Vacation/Short Term Rental

    A Residential Property Condition Disclosure Statement Addendum [] is [] is not completed and attached. This addendum should be attached if the property is subject to covenants, conditions, restrictions, bylaws, rules, or is a condominium.

    Owner acknowledges having read, completed, and received a copy of this Residential Property Condition Disclosure Statement before signing and that all information is true and correct as of the date signed.

    Owner Signature: ________________________________ Date: _______________ Time: _

    Owner Printed Name: _

    Owner Signature: ________________________________ Date: _______________ Time: _

    Owner Printed Name: _

    Purchaser acknowledges prior to signing this disclosure:

    Receipt of a copy of this disclosure

    Purchaser has examined disclosure

    Purchaser had time and opportunity for legal counsel

    This disclosure is not a warranty by the real estate licensees

    This disclosure is not a substitute for obtaining inspections of onsite and offsite conditions

    This disclosure is not a warranty by the owner

    Representations are made by the owner and not by the owner’s agents or subagents

    Purchaser has sole responsibility for obtaining inspection reports from licensed home inspectors, surveyors, engineers, or other qualified professionals

    Purchaser has sole responsibility for investigating offsite conditions of the property including, but not limited to, adjacent properties being used for agricultural purposes

    Purchaser Signature: _____________________________ Date: _______________ Time: _

    Purchaser Printed Name: _

    Purchaser Signature: _____________________________ Date: _______________ Time: _

    Purchaser Printed Name: _

    State of South Carolina

    Residential Property Condition

    Disclosure Statement Addendum

    Prior to signing a contract, the owner shall provide this disclosure addendum to the purchaser if the property is subject to a homeowners association, a property owners association, a condominium owners association, a horizontal property regime, or similar organizations subject to covenants, conditions, restrictions, bylaws or rules (CCRBR). These organizations are referred to herein as an owners association.

    Purchaser should review the applicable documents (covenants, conditions, restrictions, bylaws, deeds, condominium master deed, and similar documents), all related association issues, and investigate the owners association prior to entering into any legal agreements including a contract. Owners association charges include any dues, fees, assessments, reserve charges, or any similar charges. Purchaser is solely responsible to determine what items are covered by the owners association charges.

    Property Address: _

    Describe owners association charges: $ ________ Per ____________ (month/year/other)

    What is the contact information for the owners association? _

    As owner do you have any actual knowledge of answers to the following questions?
    Please check the appropriate box to answer the questions below.
    	Yes	No	No Representation
    1. Are there owners association charges or common area expenses?	[]	[]	[]
    2. Are there any owners association or CCRBR resale or rental restrictions?	[]	[]	[]
    3. Has the owners association levied any special assessments or similar charges?	[]	[]	[]
    4. Do the CCRBR or condominium master deed create guest or visitor restrictions?	[]	[]	[]
    5. Do the CCRBR or condominium master deed create animal restrictions?	[]	[]	[]
    6. Does the property include assigned parking spaces, lockers, garages or carports?	[]	[]	[]
    7. Are keys, key fobs or access codes required to access common or recreational areas?	[]	[]	[]
    8. Will any membership other than owner association transfer with the properties?	[]	[]	[]
    9. Are there any known common area problems?	[]	[]	[]
    10. Is property or common area structures subject to South Carolina Coastal Zone Management Act?	[]	[]	[]
    11. Is there a transfer fee levied to transfer the property?*	[]	[]	[]
    (*Questions does not include recording costs related to value or deed stamps.)

    Explain any yes answers in the space below and attach any additional sheets or relevant documents as needed: _

    Owner Signature: ________________________________ Date: _______________ Time: _

    Owner Signature: ________________________________ Date: _______________ Time: _

    Purchaser Signature: _____________________________ Date: _______________ Time: _

    Purchaser Signature: _____________________________ Date: _______________ Time: _

HISTORY: Added by SCSR 48-5 Doc. No. 5238, eff May 24, 2024.