If you’re selling a home in South Carolina, state law requires that you disclose known issues or defects that could affect the property’s value, safety, or livability.
You can’t simply sell a home “as is” and avoid responsibility — not unless you’re exempt or truly unaware of the problems.
Under South Carolina law, most sellers must complete a Residential Property Condition Disclosure Statement, a standardized form issued by the South Carolina Real Estate Commission.
This form covers everything from the roof to plumbing, foundation, electrical systems, and any history of flooding, termites, or environmental hazards. In short: you must tell buyers about any known material defects.
Failing to disclose can lead to lawsuits, canceled sales, or even financial penalties — so honesty upfront protects everyone involved. Additionally, any history of flooding, leaks, or mold must be noted — even if repairs were completed.
Environmental and Safety Hazards
Known issues like lead paint, radon gas, asbestos, or hazardous waste must be disclosed if the seller has knowledge of them.
Legal or Title Issues
If the property has easements, encroachments, liens, or boundary disputes, those must be reported to the best of the seller’s knowledge.
Neighborhood or HOA Concerns
If the home is part of an HOA, you’ll need to disclose fees, restrictive covenants, or pending assessments that could affect ownership.
South Carolina law does not require sellers to hire inspectors or test systems, but it does require full and accurate disclosure of anything you already know.
Exemptions — When a Seller Does Not Have to Disclose
There are a few cases where sellers are not legally required to complete the property condition disclosure form.
Common exemptions include:
- New Construction: Homes that have never been occupied and are being sold by the builder.
- Court-Ordered Sales: Transfers resulting from foreclosure, bankruptcy, estate administration, or divorce decrees.
- Government-Owned Properties: Homes owned or acquired by a government agency.
- Transfers Between Family Members or Co-Owners.
- Unoccupied Estates: If the executor has never lived in the home and has no actual knowledge of its condition.
However, even when exempt, sellers cannot commit fraud or intentionally conceal material defects.
If you know of a serious issue — such as foundation failure or flood damage — and fail to disclose it, you can still be held legally liable after the sale.
What Happens If You Fail to Disclose a Known Problem
South Carolina courts take nondisclosure seriously. If a buyer later discovers an issue that the seller knew about and failed to report, the consequences can include:
- Rescission of the Sale: The buyer may cancel the purchase and demand a refund of the sale price.
- Monetary Damages: The buyer can sue for repair costs, loss in property value, or other damages.
- Attorney’s Fees and Legal Costs: If the court finds willful nondisclosure, the seller can be held responsible for the buyer’s legal expenses.
For example, imagine a seller knows the crawlspace floods every heavy rain but paints over water stains before listing the home.
Months after closing, the buyer discovers the issue, hires a contractor, and learns the flooding has been ongoing for years.
That seller could face a lawsuit for misrepresentation or fraud — and potentially lose far more than the cost of honest disclosure.
The safest route for every seller is simple: when in doubt, disclose it.
Transparency not only avoids legal problems but builds trust with buyers — which often leads to faster and smoother closings.
Practical Tips for Completing the South Carolina Disclosure
Filling out the form correctly doesn’t have to be stressful. Here’s how to approach it:
1.Answer Honestly and Accurately.
If you know about a defect, describe it clearly. If you don’t know, mark “no representation.” Never guess.
2. Don’t Rely on Memory Alone.
Review repair records, inspection reports, or insurance claims to help ensure nothing important is missed.
3. Address Repairs Transparently.
If you fixed a past issue (like a roof leak or HVAC replacement), note the date and the professional who performed the work.
4. Consult Your Agent or Attorney.
Carolina Properties can provide the official disclosure form and help you understand how to complete it properly.
5. Update If Conditions Change.
If a problem arises after the form is signed but before closing, you must update the disclosure or notify the buyer.
By being proactive and thorough, you’ll protect yourself from post-sale disputes and demonstrate integrity — a quality that resonates with buyers.
How Carolina Properties at Lake Marion Protects Sellers and Buyers
Carolina Properties at Lake Marion has helped homeowners across South Carolina — from Beaufort and Summerville to Santee and beyond — successfully navigate the state’s disclosure laws.
Here’s how we make the process easier:
- Accurate Documentation: We provide the current South Carolina Property Condition Disclosure Form and ensure it’s completed correctly before your home is listed.
- Pre-Listing Inspections: Our agents often recommend a pre-listing home inspection to identify potential issues early, giving you time to repair or disclose them properly.
- Guidance at Every Step: We walk you through what must be disclosed, what can be marked as “no representation,” and how to handle gray areas with professionalism and honesty.
- Negotiation Expertise: If an issue arises during buyer inspections, we help you negotiate solutions without losing the sale.
- Buyer Confidence: Transparent sellers attract more serious buyers — and often higher offers — because trust builds momentum in every transaction.
Carolina Properties agents are here to help protect you from legal missteps and to represent your interests with clarity, care, and integrity.
Work With Carolina Properties at Lake Marion
Selling your home doesn’t have to feel risky or overwhelming — not when you have the right team guiding you.
At Carolina Properties at Lake Marion, we combine legal awareness, market strategy, and hands-on support to ensure your transaction runs smoothly from listing to closing.
Whether you’re selling a primary residence, lakefront home, or inherited property, our team will help you prepare accurate disclosures, avoid last-minute surprises, and position your home for a confident, compliant sale.
Call Carolina Properties at Lake Marion today to schedule your pre-listing consultation or request a free home value analysis.