Skip to content
ClosingCodeClosingCode
ENES

South Carolina · Code of LawsSouth Carolina real estate closing laws: a checklist for transaction coordinators

South Carolina's rules for a home sale come from several titles of the Code of Laws. In the order a transaction meets them: a licensee gives buyers and sellers the Commission's Disclosure of Brokerage Relationships form at the first practical opportunity, the acknowledgement goes in the agency agreement and the sales contract, and no agency exists without a written agreement (§§40-57-350, 40-57-370). The owner of a one-to-four unit home gives the buyer the Commission's disclosure statement before the contract is signed, or as the contract provides, and is liable for knowingly false information (§§27-50-50, 27-50-65). At recording, the deed recording fee is $1.85 per $500 of value (§12-24-10), and a deed or mortgage counts against later purchasers and creditors for value without notice only from the day and hour it's recorded (§30-7-10). A buyer from a nonresident seller withholds – on the gain with the seller's affidavit, otherwise on the amount realized (§12-8-580). For rentals, the seller stays liable for deposits unless they're transferred to the buyer and the tenant is notified in writing (§27-40-450). After closing, a buyer who'll live in the home applies for the 4% legal residence assessment before the first penalty date – the seller's doesn't carry over (§12-43-220(c)).

From first contact to recording

  1. 1. Brokerage disclosure (§40-57-370)

    Form at first practical opportunity; acknowledgement in the contract.

  2. 2. Seller disclosure (§27-50-50)

    Before the contract is signed, or as the contract provides.

  3. 3. Recording fee (§12-24-10)

    $1.85 per $500 of value.

  4. 4. Record promptly (§30-7-10)

    Effective against later buyers and creditors from the hour recorded.

Money, rentals and after closing

  1. Nonresident withholding (§12-8-580)

    On gain with an affidavit; otherwise on the amount realized.

  2. Tenant deposits (§27-40-450)

    Transfer and notify, or the seller stays liable.

  3. 4% assessment (§12-43-220(c))

    The buyer applies; the seller's ratio doesn't carry over.

Questions about South Carolina closings

When must the South Carolina seller disclosure be given?

Before the contract is signed, or as the contract otherwise provides (S.C. Code §27-50-50).

How much is the South Carolina deed recording fee?

$1.85 for each $500, or part of $500, of the realty's value (§12-24-10).

Does a South Carolina buyer keep the seller's 4% assessment?

No. The new owner must apply to qualify for future years (§12-43-220(c)(2)(vi)).

The South Carolina guides

ClosingCode links key South Carolina checklist steps to these guides – add a deal and the steps come with owners and due dates.

Start free trial

Sources: South Carolina Code of Laws §§12-8-580, 12-24-10, 12-43-220(c), 27-40-450, 27-50-50, 27-50-65, 30-7-10, 40-57-350 and 40-57-370 (scstatehouse.gov, read for the linked guides; §30-7-10 read October 26, 2026).

General information, not legal advice. Each point links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.