South Carolina seller disclosure: what the state form requires

Is a disclosure form required by law?

Yes, in most sales. The Residential Property Condition Disclosure Act applies to a sale, exchange, installment land sale contract or lease with an option to purchase of residential property with one to four dwelling units (§ 27-50-20). The seller must give the buyer a written statement on the form the South Carolina Real Estate Commission promulgates (§ 27-50-40). The Commission posts the form on its website for free download. The version on its forms page is marked “Effective 6/2023; Updated 6/2025.”

The seller delivers the form before the buyer and seller sign the real estate contract, “or as otherwise agreed in the real estate contract” (§ 27-50-50(A)). The seller is the “owner” named in the contract. A lender holding a mortgage or lien is not an owner for this purpose (§ 27-50-10).

What the form covers

The statute lists what the form must address (§ 27-50-40(A)):

• the water supply and sewage disposal system;
• the roof, chimneys, floors, foundation, basement and other structural parts;
• plumbing, electrical, heating, cooling and other mechanical systems;
• present wood-destroying insects, or past infestation whose damage has not been repaired;
• zoning, restrictive covenants, building codes, encroachments and notices from a government agency;
• lead-based paint, asbestos, radon, methane, underground tanks and other hazardous materials;
• rental or vacation-rental contracts in place at closing;
• a meter conservation charge on electric or gas service;
• whether a homeowners association governs the property.

The Commission’s current form also has questions on flood hazards and flood insurance, past flood damage, and beach nourishment assessments. For each numbered item the owner checks one of three boxes: Yes, No or No Representation. “No” means the owner has no actual knowledge of any problem. The form states that “No Representation” means the owner lacks the current knowledge to answer yes or no, and that it “should not be selected if the owner simply wishes to not disclose.” For flood and insurance questions, see our South Carolina natural hazards and insurance guide.

Exemptions

The Act does not apply to 15 kinds of transfer (§ 27-50-30). Common ones:

The Commission publishes the full list as Document 370. Foreclosure sales are exempt, so a buyer at a South Carolina foreclosure sale should not expect a form.

What happens if a seller does not disclose

• No form, no cancellation. Failing to provide the form does not void the agreement, create a title defect or justify delaying the closing (§ 27-50-50(B)). The Act does not limit the buyer’s other remedies (§ 27-50-50(C)).
• False answers cost money. An owner who knowingly breaks a duty under the Act, or discloses material information he knows is false, incomplete or misleading, is liable for the buyer’s actual damages and court costs. A court may award reasonable attorney fees to the prevailing party (§ 27-50-65).
• Changes must be corrected. If the owner finds a material inaccuracy, or an event makes an answer inaccurate (the form’s example is a roof that begins to leak), the owner must promptly deliver a corrected statement or make reasonable repairs before closing (§ 27-50-60).
• Unknown problems are not covered. The Act does not affect the parties’ rights about conditions the owner has no actual or constructive knowledge of (§ 27-50-40(C)).
• Buyers still inspect. The Act does not remove the buyer’s obligation to inspect the property, and agents have no duty to inspect (§ 27-50-80). See what a home inspection costs.
• “As is” is allowed. Parties may agree to any terms about the property’s condition, including “as is” (§ 27-50-110).
• Deaths and sex-offender data. An owner need not disclose that an occupant died or how, that an occupant had a disease unlikely to spread through occupancy, or sex-offender registry information (§ 27-50-90). The owner may not intentionally misrepresent these facts in answer to a direct question.

The form itself notes that a real estate agent must disclose material adverse facts the agent actually knows, whatever the owner wrote. A listing agent must tell each seller in writing about these duties (§ 27-50-70).

Federal lead-based paint rule (homes built before 1978)

Federal law adds its own disclosure for most housing built before 1978. According to the U.S. Environmental Protection Agency (EPA), before a buyer signs a contract the seller and agent must:

• give the buyer the pamphlet Protect Your Family From Lead in Your Home;
• disclose known lead-based paint and hazards, and hand over available records and reports;
• include a Lead Warning Statement, in the contract or an attachment;
• allow the buyer a 10-day period to test for lead, unless the parties agree in writing to change it or the buyer waives it;
• keep the signed disclosures for three years.

The rule does not cover foreclosure sales or housing built after 1977. This federal duty applies even when the state form is not required.