The Form That Comes With The House
S.C. Code 27-50-40 and S.C. Code 27-50-65 — the seller's disclosure statement, and actual damages for one known to be false
The owner of residential real property gives the buyer a written disclosure statement on the Real Estate Commission's form before the contract is signed, or as the contract otherwise provides.
- The water supply and sewage system.
- The roof, chimneys, floors, foundation, basement and other structural parts.
- The plumbing, electrical, heating, cooling and other mechanical systems.
- Wood-destroying insects, present or past and unrepaired.
- Zoning, restrictive covenants, building codes, encroachments and government notices.
- Lead paint, asbestos, radon, methane, underground tanks and other contamination.
- A lease in place at closing, a meter conservation charge, and a homeowners association.
Those are among the conditions the form covers. For each, the owner may state actual knowledge, or state that no representation is made.
Missing it does not void the sale. Failing to provide the form does not void the agreement, create a defect in title, or give a reason to delay the closing. An owner who knowingly breaks the article, or discloses material information known to be false, incomplete or misleading, is liable for the buyer's actual damages and court costs, and the court may award attorney fees.
Foreclosure sales, estate and court ordered transfers, transfers between co-owners or family, new homes never lived in, auction sales, and sales where both sides agree in writing to skip the form are outside the article. A particular sale is a question for a licensed South Carolina attorney.
Sources for this section (4)
- S.C. Code 27-50-30 — Certain transfers excluded from scope of article
- S.C. Code 27-50-40 — Disclosure statements; contents; owner options
- S.C. Code 27-50-50 — Delivery of and effect of failure to provide disclosure statement
- S.C. Code 27-50-65 — Knowing disclosure of false, incomplete, or misleading material information; civil liability
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.