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South Carolina · DisclosureSouth Carolina psychologically affected property: what a seller needn't disclose and the direct-question rule

South Carolina's Residential Property Condition Disclosure Act carves out stigmas from the seller's disclosure duty. An owner isn't required to disclose the fact or suspicion that a property may be or is psychologically affected (S.C. Code §27-50-90(A)). No cause of action arises against an owner of real estate in a covered transaction for failing to disclose that the property is or was occupied by someone infected with a virus or other disease that medical evidence shows is highly unlikely to be transmitted through occupancy of a dwelling; that an occupant died on the property, or the manner of the death; or public information from the sex offender registry (§27-50-90(B)). The protection has a limit: it doesn't bar an action against an owner who makes intentional misrepresentations in response to a direct inquiry from a purchaser or prospective purchaser about psychological effects or stigmas associated with the property (§27-50-90(C)).

What the statute sets

  1. No duty (§27-50-90(A))

    The owner needn't disclose that the property is psychologically affected.

  2. Deaths (§27-50-90(B)(2))

    No action for not disclosing an occupant's death or its manner.

  3. Illness and registry (§27-50-90(B)(1), (3))

    A non-transmissible disease or sex offender registry information.

  4. Direct questions (§27-50-90(C))

    Intentional misrepresentation in answer to a direct inquiry is actionable.

What the TC does with a stigmatized South Carolina listing

  • Keep the condition disclosure statement focused on physical conditions.
  • Route any buyer question about the home's history to the seller and the listing agent – answers must be truthful.
  • Note physical damage linked to an event in the condition disclosure, where it belongs.

Questions about South Carolina stigmatized property

Does a South Carolina seller have to disclose a death in the house?

No. No cause of action arises against the owner for failing to disclose that an occupant died on the property or the manner of death (S.C. Code §27-50-90(B)(2)).

Can a South Carolina seller lie if a buyer asks about a death?

No. The protection doesn't cover intentional misrepresentations in response to a direct inquiry from a purchaser (S.C. Code §27-50-90(C)).

Related guides

Track the seller's disclosure statement as a task before the contract in ClosingCode.

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Source: S.C. Code §27-50-90 (scstatehouse.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.