What must a home seller disclose in South Carolina?

Q: What must a home seller disclose in South Carolina?

South Carolina codifies its disclosure regime in S.C. Code Title 27, Chapter 50, Article 1 — Residential Property Condition Disclosure Act . 1. The Disclosure Statement — § 27-50-40 - Required for transfers of residential real property of 1-4 dwelling units . - Comprehensive checklist covering: - Water supply and sewer/septic . - Roof , age, leaks. - Structural components (foundation, walls). - Plumbing, electrical, HVAC . - Appliances included in sale. - Environmental : asbestos, lead-based paint, radon, USTs, methamphetamine, mold. - Infestation (termites, wood-destroying insects). - Land use restrictions, HOA , easements. - Flood zone , prior flood/water damage , insurance claims . 2. Lead-Based Paint - Federal 42 USC § 4852d for pre-1978 dwellings. 3. Timing — § 27-50-30 - Must be delivered no later than the time of contract formation . - If delivered after the contract is signed, buyer may rescind within 5 days after receipt. 4. Exemptions — § 27-50-30 - Court-ordered, foreclosure, transfers between co-owners or spouses, fiduciary, government, new construction under builder warranty, and transfers of unimproved real property. 5. "As-Is" Sales - The statute may be modified by written agreement between the parties, but fraudulent concealment claims survive. 6. Statute of Limitations - 3 years for fraud and breach of contract (S.C. Code § 15-3-530). This is legal information, not legal advice.

Question

Accepted Answer

South Carolina codifies its disclosure regime in S.C. Code Title 27, Chapter 50, Article 1 — Residential Property Condition Disclosure Act.

1. The Disclosure Statement — § 27-50-40

Required for transfers of residential real property of 1-4 dwelling units.

Comprehensive checklist covering:

- Water supply and sewer/septic.

- Roof, age, leaks.

- Structural components (foundation, walls).

- Plumbing, electrical, HVAC.

- Appliances included in sale.

- Environmental: asbestos, lead-based paint, radon, USTs, methamphetamine, mold.

- Infestation (termites, wood-destroying insects).

- Land use restrictions, HOA, easements.

- Flood zone, prior flood/water damage, insurance claims.

2. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

3. Timing — § 27-50-30

Must be delivered no later than the time of contract formation.

If delivered after the contract is signed, buyer may rescind within 5 days after receipt.

4. Exemptions — § 27-50-30

Court-ordered, foreclosure, transfers between co-owners or spouses, fiduciary, government, new construction under builder warranty, and transfers of unimproved real property.

5. "As-Is" Sales

The statute may be modified by written agreement between the parties, but fraudulent concealment claims survive.

6. Statute of Limitations

3 years for fraud and breach of contract (S.C. Code § 15-3-530).

This is legal information, not legal advice.