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South Carolina · §27-50-40South Carolina Residential Property Condition Disclosure

In South Carolina the owner of a one-to-four unit home gives the buyer the Real Estate Commission's disclosure statement before the contract is signed, or as the contract otherwise provides (Code §27-50-50). For each item the owner states actual knowledge or makes no representation. A missing form does not void the agreement, create a title defect or justify delaying closing – but an owner who knowingly gives false, incomplete or misleading information is liable for actual damages (§27-50-65).

The rules

  1. Which transfers (§27-50-20)

    Residential property of one to four dwelling units: sale or exchange, installment land sales contract, or lease with an option to purchase.

  2. The form (§27-50-40)

    The Commission's form, free to download: water and sewage, structure, systems, wood-destroying insects, zoning and covenants, environmental hazards, leases in place at closing, meter conservation charges and HOA governance. The owner indicates actual knowledge or no representation.

  3. When (§27-50-50)

    Before the contract is signed by buyer and owner, or as otherwise agreed in the contract. A missing form does not void the agreement, create a title defect or justify delaying closing.

  4. Corrections and liability

    A material inaccuracy found later is corrected promptly, or reasonable repairs are made before closing (§27-50-60). Knowing violations or false, incomplete or misleading statements bring liability for actual damages and court costs (§27-50-65).

Exempt transfers (§27-50-30, selection)

  • Court-ordered transfers, foreclosures and transfers to lenders in default.
  • Fiduciaries in an estate, guardianship, conservatorship or trust.
  • Co-owners, spouses, lineal relatives and divorce transfers.
  • The first sale of a never-inhabited dwelling, public auctions, and transfers to a residential trust.
  • Both parties agreeing in writing not to complete a disclosure statement.

What the TC tracks

  • The signed disclosure before the contract – or the date the contract sets for it.
  • Any corrected statement or repair before closing.
  • If both parties waive it, the written agreement in the file.

Questions about the South Carolina property disclosure

When must the South Carolina disclosure statement be delivered?

Before the real estate contract is signed by the buyer and owner, or as otherwise agreed in the contract (§27-50-50(A)).

Does a missing disclosure delay closing in South Carolina?

No. §27-50-50(B) says it does not void the agreement, create a title defect or justify delaying closing.

Can a South Carolina seller check “no representation”?

Yes. The form lets the owner indicate actual knowledge of each item or that it makes no representation (§27-50-40(B)).

Can the parties skip the South Carolina disclosure?

Yes, a transfer is exempt when both parties agree in writing not to complete a disclosure statement (§27-50-30(13)).

What if a South Carolina seller knowingly lies on the disclosure?

The owner is liable for actual damages and court costs; the court may award attorney's fees (§27-50-65).

Related guides

Keep the signed disclosure and any correction with the deal documents in ClosingCode – dated, in one place.

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Source: South Carolina Code of Laws §§27-50-20 to 27-50-65 (scstatehouse.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.