South Carolina Real Estate Licensing Law

South Carolina Code · 52 sections

The following is the full text of South Carolina’s real estate licensing law statutes as published in the South Carolina Code. For the official version, see the South Carolina Legislature.

S.C. Code Ann. § 40-11-510

As used in this article:

(1) "Action" means a civil action in any forum, including an arbitration proceeding, for damages or indemnity asserting a claim for damages, injury, or loss arising out of an alleged defect, act, or omission relating to the design, construction, or condition of the alteration, modification, renovation, or repair of a nonresidential building or structure upon real estate including, but not limited to, utility systems, the boring, and equipping of wells, the preparation of plans, specification, and design drawings, and the work of making the real estate suitable as a site for the building or structure, surveying and staking, the grading, bulldozing, leveling, excavating, and filling of land including the furnishing of fill soil, the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6) including final disposal by a construction and demolition landfill of nonresidential property.

(2) "Claimant" means a person or entity who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning an alleged defect, act, or omission relating to the design, construction, or condition of the alteration, modification, renovation, or repair of a nonresidential building or structure upon real estate including, but not limited to, utility systems, the boring, and equipping of wells, the preparation of plans, specifications, and design drawings and the work of making real estate suitable as a site for building or structure, surveying and staking, the grading, bulldozing, leveling, excavation, and filling of land including the furnishing of fill soil, the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6), including final disposal by a construction and demolition landfill of nonresidential property.

(3) "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or construction of nonresidential improvements that results from any of the following:

(a) defective material, products, or components used in the construction of nonresidential improvements;

(b) failure to substantially comply with applicable building codes in effect at the time of construction of nonresidential improvements;

(c) failure of the design of nonresidential improvements to meet the applicable professional standards of care and applicable building codes at the time of governmental approval of the design of nonresidential improvements;

(d) failure to construct nonresidential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction; or

(e) failure to comply with applicable building codes. Substantial compliance with the applicable building codes in effect at the time of construction conclusively establishes construction in accordance with accepted industry trade standards with respect to all matters specified in those codes.

(4) "Contractor" means a person licensed or registered pursuant to the provisions of Chapter 11, Title 40, who is engaged in the business of designing, developing, or constructing nonresidential properties.

(5) "Design professional" means a person licensed or registered pursuant to the provisions of Title 40 as an architect, landscape architect, engineer, or surveyor.

(6) "Nonresidential property" means any property, building, structure, or improvement to real property that is not a dwelling as defined in Section 40-59-820.

(7) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.

(8) "Subcontractor" means a contractor who performs work on behalf of another contractor in the construction of a nonresidential property who is licensed or registered pursuant to the provisions of Title 40.

(9) "Supplier" means a person who provides materials, equipment, or other supplies for the construction of a nonresidential property.

S.C. Code Ann. § 40-57-110

(A) The commission shall issue licenses in the classifications of broker, broker-in-charge, or associate, to individuals who qualify under and comply with the requirements of this chapter; provided the commission may deny a license to an applicant it finds to have engaged in misconduct as provided in Section 40-57-710 or otherwise. No individual may be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable. A licensee seeking to change his license classification shall adhere to the procedures provided by the commission in regulations.

(B) A licensee may place a license on inactive status by informing the commission in writing. To maintain an inactive license status, the license must be renewed in the same manner as provided for active license renewals. Upon proper compliance with the renewal requirements, a license may remain on inactive status for an indefinite period of time. An individual seeking to reactivate a license shall apply for the same license classification which was placed on inactive status, pay the appropriate fee, and meet the continuing education requirements as prescribed.

(1) Inactive licensees are prohibited from practicing real estate brokerage as defined in this chapter and regulations.

(2) The status of an associate, broker, or property manager license can be verified on the commission's website or by contacting commission staff.

(3) Licensees seeking to change their license classification shall adhere to the procedures provided by the commission in regulations.

(4) An individual seeking to reactivate an inactive license shall meet the reactivation requirements as prescribed in regulations.

(C) A license only may be renewed in accordance with procedures established by the commission pursuant to Section 40-1-50(D). A licensee is responsible for renewing his license whether or not he receives notice.

(D) A license that is not renewed before its expiration date lapses. Further practice may be sanctioned as unlicensed practice and subject to disciplinary action by the commission pursuant to Sections 40-57-710, 40-57-720, and 40-57-725.

(E) A license that has lapsed and is not reinstated by the last day of the twenty-fourth month following expiration is canceled.

S.C. Code Ann. § 40-57-115

In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure as an associate, broker, broker-in-charge, property manager, and property manager-in-charge, the commission shall require initial applicants and applicants for licensure renewal to submit to a state fingerprint-based criminal records check, to be conducted by the State Law Enforcement Division (SLED); a national criminal records check, supported by fingerprints, by the FBI; and a social-security-number-based criminal records check from a source approved by the commission. Costs of conducting a criminal records check must be borne by the applicant. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as necessary to support the administrative action.

S.C. Code Ann. § 40-57-120

(A) The commission may recognize applicants who have a license on active status from other jurisdictions only if the other jurisdiction recognizes South Carolina real estate licenses on active status and the other jurisdiction's real estate regulatory authority has entered into a reciprocity agreement with the commission. The commission may enter into reciprocal agreements with real estate regulatory authorities of other jurisdictions that provide for waivers of education requirements, experience requirements, or examinations if the commission considers the education, experience, and examination requirements of another jurisdiction to be substantially equivalent to the requirements of this chapter.

(B) A nonresident licensee, acknowledged by the commission, is not required to maintain a place of business in this State if the nonresident maintains an active place of business in the state of residence. A nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against him in the proper court in a judicial circuit of the state in which a cause of action may arise or in which the plaintiff may reside.

(C)(1) A resident licensee who becomes a nonresident must notify the commission in writing, within thirty days, of the change in residency and comply with nonresident requirements or place his license on inactive status to avoid cancellation of the license.

(2) A nonresident licensee who becomes a resident of South Carolina must notify the commission in writing, within thirty days, of the change in residency and comply with the requirements of this chapter or place his license on inactive status to avoid cancellation of the license.

(3) Failure to timely notify the commission of a change in residency or failure to comply with the requirements of this subsection are violations of this chapter subject to penalties provided in Section 40-57-710.

(D) A nonresident applicant or licensee must comply with all requirements of commission regulations and of this chapter. The commission may adopt regulations necessary for the regulation of nonresident licensees.

(E) A resident licensee may pay a part of his commission as a referral fee on a cooperative basis to a brokerage of another state or jurisdiction if that brokerage's license does not conduct, in this State, a real estate brokerage service for which a fee, compensation, or commission is paid.

S.C. Code Ann. § 40-57-135

(A) A broker-in-charge or property manager-in-charge shall:

(1) adequately supervise employees or supervised licensees to ensure their compliance with this chapter;

(2) review and approve all forms of listing agreements, agency agreements, offers, sale contracts, purchase contracts, leases, options, contract addenda, or other contractual or disclosure documents routinely used by the real estate brokerage firm;

(3) maintain adequate, reasonable, and regular contact with supervised licensees engaged in real estate transactions so as to prevent or curtail practices by a licensee which would violate any provision of this chapter, Chapter 1, Title 40, the Interstate Land Sales Practices Act, or the Vacation Time Sharing Plans Act;

(4) be available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the broker-in-charge or property manager-in-charge or a supervised licensee is involved;

(5) establish and maintain a written office policy in accordance with Sections 40-57-135(I)(2)(a) and 40-57-360 and any requirements promulgated in regulations and make that policy readily accessible to supervised licensees;

(6) ensure that all supervised licensees have an active real estate license;

(7) establish and maintain control of and responsibility for an active trust account when in possession of trust funds belonging to others resulting from a real estate transaction; and

(8) notify the commission by mail within ten days of any change of office name, address, email address, or telephone number.

(B) A supervised licensee may not receive compensation from an activity requiring a real estate license from an entity or person other than the one for which the license is issued. A supervised licensee may form a business entity allowing the licensee's broker-in-charge or property manager-in-charge to pay fees or commissions to that entity if the principals in that entity hold an active real estate license.

(C)(1) A licensed broker-in-charge or property manager-in-charge shall establish and maintain a specific office location which must be accessible by the public, investigators, and inspectors during reasonable business hours.

(2) A broker-in-charge or property manager-in-charge may maintain one or more offices at different locations. Each office must be managed by a broker-in-charge or property manager-in-charge who is licensed for that real estate brokerage firm's location. The same person may request to be licensed as broker-in-charge or property manager-in-charge of more than one office if the broker-in-charge or property manager-in-charge making the request acknowledges in writing that the applicant understands the duties and can fully assume the responsibility to ensure compliance with this chapter.

(3) A licensee may not conduct real estate business under another name or at an address other than the one for which his license is issued. Alternative names may be utilized following confirmation of registration of the name with the commission.

(4) In the event of the medical incapacitation of a broker-in-charge or property manager-in-charge which precludes him from carrying out the duties of a broker-in-charge or property manager-in-charge as required in this chapter, or in the event of the death of a broker-in-charge or a property manager-in-charge, the department may permit a supervised licensee to act as broker-in-charge or property manager-in-charge for up to six months.

(D)(1) A broker-in-charge or property manager-in-charge shall for a minimum of five years maintain and furnish to the commission upon request a written copy, when applicable, of a:

(a) lease;

(b) contract of sale and any addenda;

(d) transaction broker agreement;

(e) option contract;

(f) property management agreement; and

(g) residential property disclosure form.

(2) These records may be maintained electronically as long as a backup copy is stored in a separate, off-site location including, but not limited to, electronic and Internet, cloud-based storage systems.

(E)(1) A licensee may not advertise, market, or offer to conduct a real estate transaction involving real estate owned, in whole or in part, by another person without first obtaining a written listing agreement between the property owner and the real estate brokerage firm with whom the licensee is associated. However, the signature of the owner of real estate is not required for a sublease agreement involving real estate if the lease allows for subletting. Licensees not associated with the listing brokerage firm may advertise real estate owned, in whole or in part, by another person only if they have written authorization from the listing brokerage firm and acknowledge the listing brokerage firm in the advertisement in a clear and conspicuous way. Authorization may be contained and obtained from the owner through the listing agreement.

The advertising and marketing of real property is to be distinguished from the advertising and marketing of a contractual position in a sales agreement to purchase real estate. An advertisement that markets a contractual position to acquire real property from a person with either equitable or legal title and does not imply, suggest, or purport to sell, advertise, or market the underlying real property is permissible under this section.

(2) When advertising his real estate services or marketing real estate owned, in whole or in part, by another person in any medium, a licensee clearly must:

(a) Identify the full name of the real estate brokerage firm with which the licensee is employed and supervised in accordance with regulations.

(b) If advertising on the Internet or in another electronic media, the above requirements may be met by including a link from the advertisement to the homepage of the brokerage firm or property management company.

(3) If a real estate brokerage firm operates under a trade or franchise name, the identity of the franchisee or holder of the trade name clearly must be revealed.

(F)(1) A licensee clearly shall reveal his license status in a personal transaction involving the purchase, sale, exchange, rental, lease, or auction of real estate:

(a) at first substantive contact with a consumer;

(b) in advertising or marketing in any media; and

(c) in bold, underlined, capital letters on the first page of a contract for the purchase, sale, exchange, rental, or lease of real property.

(2) Trust funds received in a licensee's personal rental or transaction must be deposited in the licensee's personal trust account and may not be deposited in the real estate brokerage firm's trust account unless the real property is managed, listed, or owned by the real estate brokerage firm.

(G) No licensee, either directly or indirectly, may buy for his own account or for a corporation or another business in which he holds an interest or for a close relative, real estate listed with him or real estate for which he has been approached by the seller or prospective buyer to act as agent, without first making his true position clearly known in writing to all parties involved. Upon request of the department, the licensee shall provide evidence of having made this disclosure.

(H) With regard to offers to purchase real estate, a licensee shall:

(1) upon receipt, prepare all offers in writing and promptly present them to the seller;

(2) upon obtaining a written acceptance of an offer, promptly deliver true, executed copies to all parties;

(3) ensure that all of the terms and conditions of the transaction are included in the offer to purchase; and

(4) ensure that changes or modifications made during negotiations are in writing and initialed and dated by both parties before proceeding with the transaction.

(I)(1) A licensee shall properly complete an agency agreement, transaction broker agreement, offer, and counteroffer.

(2) A listing or buyer's representation agreement must be in writing and must set forth all material terms of the parties' agency relationship including, but not limited to:

(a) a description of the agent's duties or services to be performed for the client including, but not limited to, an explanation of the office policy regarding dual agency, designated agency, and transaction brokerage if offered by the real estate brokerage firm;

(b) the amount of compensation to be paid if a flat fee or the method to be used in calculating the amount of compensation to be paid;

(d) an explanation of how compensation will be divided among participating or cooperating brokers, if applicable;

(e) the amount of retainer fees, deposits, or any other money collected before the agent's performance of a service on behalf of the client and an explanation of conditions, if any, in which such monies are refundable or payable to or on behalf of the client;

(f) the duration of the agency relationship, setting forth specific dates for the beginning and ending of the relationship;

(g) the signatures of all parties;

(h) a listing agreement or buyer's representation agreement clearly must state that it terminates on the definite expiration date unless a written extension is signed;

(i) a listing agreement or buyer's representation agreement clearly must state, if applicable, that it is either an "exclusive agency" listing or buyer's representation agreement or "exclusive right to represent" listing contract or "exclusive right to represent" buyer's representation contract;

(j) a listing agreement or buyer's representation agreement must clearly specify an exception or variation in an amount of commission to be paid and circumstances that would apply;

(k) a copy of the listing or buyer's representation agreement must be given to the seller or buyer at the time of, or directly following, signing; and

(l) a buyer's representation agreement must provide an adequate property description of the type of property of interest to the buyer and a price or price range for property of interest to the buyer. A listing agreement must have a legal description of the listed property or a description sufficient to identify the listed property and state the price of the listed property.

(3) If there are no clients involved in the transaction, a real estate brokerage firm acting as a transaction broker shall complete a compensation agreement to be signed by the agent and the compensating party. This agreement must contain the amount of the compensation and identify the party responsible for payment.

(4) The broker-in-charge shall ensure that supervised licensees prepare all offers and counteroffers in writing, have them dated and signed by the offerors, and promptly present them to the offerees or the offerees' representative and ensure that:

(a) changes or modifications made during negotiations are in writing and initialed and dated by both parties before proceeding with the transaction;

(b) all of the terms and conditions of the transaction are included in the offer to purchase; and

(c) if supervised licensees obtain a written acceptance of an offer or counteroffer, true, executed copies will be promptly delivered to all parties.

(5) If an offer is rejected without counter, an offer rejection form, promulgated by the commission, signed by the licensee affirming presentation of the offer must be provided to the offeror by the licensee within forty-eight hours of rejection, whether the agent of the buyer, the seller, or if acting as a transaction broker.

(6) An offer and counteroffer may be communicated by use of a fax or other secure electronic means including, but not limited to, the Internet, and the signatures, initials, and handwritten or typewritten modifications to the foregoing documents are considered valid and binding upon the parties as if the original signatures, initials, and handwritten, or typewritten modifications were present on the documents in the handwriting of each party.

(7) If a licensee wishes to purchase real estate listed with his brokerage firm, the broker-in-charge shall ensure that the licensee shall first make his true position clearly known in writing to all parties involved. Upon request of the commission, the broker-in-charge shall provide evidence of the licensee having made this disclosure, including:

(a) purchases made directly or indirectly by the licensee;

(b) purchases made for the licensee's own account or for a corporation or another business in which the licensee holds an interest or purchases made for a close relative; and

(8) In order for a real estate brokerage firm to claim a fee for the sale of a listed property to a supervised licensee, a separate written agreement signed by the seller client must acknowledge the purchaser as a licensee affiliated with the real estate brokerage firm and recognize the right of the seller to not pay the brokerage fee.

(9) An agreement regarding residential real estate that is to be in effect for greater than one year and either expressly or impliedly purports to do any of the following is unenforceable and is considered to be done in bad faith, and a licensee involved in such an agreement is subject to disciplinary action by the commission:

(a) the agreement runs with the land or binds future owners or heirs of the residential real estate;

(b) the agreement allows for assignment of the right to provide service without notice to and consent of the owner of residential real estate; or

(10) The following are not prohibited by subsection (9) and remain enforceable:

(a) a home warranty or other type of similar product that covers the cost of maintenance of a major housing system, such as plumbing or electrical wiring, for a fixed period;

(b) an insurance contract;

(d) a declaration created in the formation of a homeowners association or similar organization;

(e) a maintenance or repair agreement entered by a homeowners association or similar organization;

(f) a mortgage loan or a commitment to make or receive a mortgage loan;

(g) a security agreement under the Uniform Commercial Code relating to the sale or rental of personal property or fixtures; or

(h) water, sewer, electrical, telephone, cable, or other regulated utility service providers.

(J) A real estate brokerage firm shall manage residential and commercial real estate under a written management agreement that shall set forth, at a minimum:

(1) the names and signatures of authorized parties to the agreement;

(2) the property identification;

(3) the method of compensation to the licensee;

(4) that a management agreement may not contain an automatic renewal clause or provision unless the management agreement also contains a clause or provision that allows either party to cancel the management agreement for any cause or no cause with thirty days' notice after the original definite expiration date;

(5) compensation for a future lease renewal by tenants, and if included, the contract must contain a clause in underlined capital letters on the first page providing for such future compensation; and

(6) terms and conditions of tenant rental or lease arrangements. However, a management agreement may not contain a provision binding the property under a future listing agreement if the property is to be sold in the future, in which case a separate listing agreement is required.

(K) For all types of real estate transactions, including leases and sales, an unlicensed employee of the owner or an unlicensed individual working under the supervision of a broker-in-charge or a property manager-in-charge may not:

(1) discuss, negotiate, or explain a contract, listing agreement, buyer agency agreement, lease, agreement, property management agreement, or other real estate document;

(2) vary or deviate from the rental price or other terms and conditions previously established by the owner or licensee when supplying relevant information concerning the rental of property;

(3) approve applications or leases or settle or arrange the terms and conditions of a lease;

(4) indicate to the public that the unlicensed individual is in a position of authority which has the managerial responsibility of the rental property;

(5) conduct or host an open house or manage an on-site sales or leasing office;

(6) show real property for sale other than vacant units in a multifamily building;

(7) answer questions regarding company listings, title, financing, and closing issues, except for information that is otherwise publicly available;

(8) be paid solely on the basis of real estate activity including, but not limited to, a percentage of commission or an amount based on the listing or sales compensation or commission;

(9) negotiate or agree to compensation or commission including, but not limited to, commission splits, management fees, or referral fees on behalf of a licensee; or

(10) engage in an activity requiring a real estate license as required and defined by this chapter.

(L) A licensee is not required to maintain records of communications that are not designated to be retained or to create a permanent record such as text messages, instant messaging system-formatted messages, voicemail, voice recordings, or social media posts.

S.C. Code Ann. § 40-57-136

(A)(1) A broker-in-charge or a property manager-in-charge, when taking possession of trust funds, shall establish and maintain control of and responsibility for an active real estate trust account which must be a demand deposit account designated and titled to include the word "trust" or the word "escrow" in the name of the real estate brokerage firm for which the respective broker-in-charge's or property manager-in-charge's license is issued; provided, however, that one central trust account may be used by real estate brokerage firms with multiple offices managed by:

(a) one broker-in-charge or one property manager-in-charge; and

(b) separate brokers-in-charge or separate property managers-in-charge.

(2) A broker-in-charge and a property manager-in-charge shall maintain records which reflect the transactions in his office.

(3) A trust account maintained by a broker-in-charge or property manager-in-charge must be a demand deposit account located in an insured financial institution authorized to conduct business in South Carolina.

(4) A broker-in-charge or property manager-in-charge shall instruct employees and supervised licensees on the proper handling of trust funds.

(5) A check or statement issued in connection with a real estate trust account must reflect the title and designation of the account as provided in item (1).

(B)(1) A broker-in-charge or property manager-in-charge shall ensure that accurate and complete records, as required by this chapter, are maintained for real estate trust accounts.

(2) A broker-in-charge or property manager-in-charge shall ensure that backup copies are maintained for computerized real estate trust accounts. A backup copy must be maintained on a data storage medium that is stored in a separate off-site location.

(3) A broker-in-charge or property manager-in-charge may not commingle trust funds of the client with his own money, except that he may maintain a clearly identified amount of the company's funds in the trust account to cover bank service charges or in order to avoid the closing of the account when no client's trust funds are on deposit.

(4) Trust funds received by a licensee in connection with a real estate transaction in which the licensee is engaged for the broker-in-charge or property manager-in-charge must be delivered to the broker-in-charge or property manager-in-charge no later than the following business day.

(5) A broker-in-charge or property manager-in-charge who disburses trust funds contrary to the terms of the contract or fails to disburse trust funds not in dispute is considered to have demonstrated incompetence to act as a broker-in-charge or property manager-in-charge.

(C)(1)(a) Except as provided in subitem (b), trust funds received by a broker-in-charge or property manager-in-charge in a real estate rental or lease transaction must be deposited as follows in a real estate trust account as follows:

(i) cash or certified funds must be deposited within forty-eight hours of receipt, excluding Saturday, Sunday, and bank holidays; and

(ii) checks must be deposited within forty-eight hours after a lease or rental agreement is signed by the parties to the transaction, excluding Saturday, Sunday, and bank holidays.

(b) Rent received by a licensee who is directly employed by the owner of rental property may be deposited in an operating or other similar account, but otherwise must be properly accounted for as provided in this section. However, an advance rental deposit is a trust fund and must be treated as such.

(2) Trust funds received by a broker-in-charge or property manager-in-charge in connection with a real estate rental or lease including, but not limited to, security deposits, pet deposits, damage deposits, and advance rentals, except earned rental proceeds, and deposited in the trust account must remain in the trust account until the lease or rental transaction expires or is terminated, at which time undisputed trust funds must be disbursed pursuant to the contract which directs the broker-in-charge or property manager-in-charge to hold the trust funds, and a full accounting must be made to the landlord or tenant as appropriate. Earned rental proceeds must be disbursed to the landlord within a reasonable time after clearance of the deposit by the bank.

(D)(1)(a) Trust funds received by a broker-in-charge in a real estate sales or exchange transaction must be deposited as follows in a separate real estate trust account:

(i) cash or certified funds must be deposited within forty-eight hours of receipt, excluding Saturday, Sunday, and bank holidays; and

(ii) checks must be deposited within forty-eight hours after written acceptance of an offer by the parties to the transaction, excluding Saturday, Sunday, and bank holidays.

(b) Trust funds received by a broker-in-charge in connection with a real estate sales or exchange transaction and deposited in the real estate trust account shall remain in the trust account until consummation or termination of the transaction, at which time the undisputed trust funds must be disbursed in accordance with the contract which directs the broker-in-charge to hold the trust funds, and a full accounting must be made to the parties.

(2) A broker-in-charge or property manager-in-charge who disburses trust funds from a designated trust account under the following circumstances is considered to have properly fulfilled the duty to the account:

(a) upon rejection of an offer to buy, sell, rent, lease, exchange, or option real estate;

(b) upon the withdrawal of an offer not yet accepted by the offeree; or

(E) If a dispute concerning the entitlement to, and disposition of, trust funds arises between a buyer and a seller, and the dispute is not resolved by reasonable interpretation of the contract by the parties to the contract, the deposit must be held in the trust account until the dispute is resolved by:

(1) a written agreement which:

(a) directs the disposition of monies signed by all parties claiming an interest in the trust monies; and

(b) must be separate from the contract which directs the broker-in-charge or property manager-in-charge to hold the monies;

(2) filing an interpleader action in a court of competent jurisdiction;

(3) an order of a court of competent jurisdiction; or

(4) voluntary mediation.

(F)(1) Records required by this chapter must be maintained for a minimum of five years and the broker-in-charge or property manager-in-charge shall furnish a copy of the records to a representative of the commission upon request. Accounting records that may be requested include, but are not limited to, journals, ledgers, folios, client subaccounts, tenant accounts, canceled checks, deposit slips, and bank statements.

(2) Brokers-in-charge or property managers-in-charge, when required by this chapter to establish and maintain a real estate trust account, also shall maintain, in their designated principal place of business, a record-keeping system consisting of:

(a) a journal or an accounting system that records the chronological sequence in which funds are received and disbursed for real estate sales. For funds received, the journal or accounting system must include the date of receipt, the name of the party from whom the money was received, the name of the principal, identification of the property, the date of deposit, the depository, the payee, the check numbers, dates, and amounts. A running balance must be maintained for each entry of a receipt or disbursement. The journal or accounting system must provide a means of reconciling the accounts;

(b) a journal or an accounting system containing, for property management, the same information as stated in subitem (a) except that the required running balance may be determined at the time of reconciliation;

(c) a separate record for each tenant identifying the unit, the unit owner, amount of rent, due date, security deposit, and all receipts with dates when managing property. An owner's ledger also must be maintained for all properties owned by each owner showing receipts and disbursements applicable to each property managed. A disbursement must be documented by a bid, contract, invoice, or other appropriate written memoranda;

(d) a trust account deposit document must identify the buyer or tenant unless other appropriate written memoranda are maintained;

(e) a general ledger identifying security deposits;

(f) a monthly reconciliation of each separate account except when no deposit or disbursement is made during that month. The reconciliation must include a written worksheet comparing the reconciled bank balance with the journal balance and with the ledger total to ensure agreement.

(G) Trust funds received by a broker-in-charge or property manager-in-charge which must be deposited in a trust account may be deposited in an interest-bearing account. Interest earned on these trust funds may be retained by the broker-in-charge or property manager-in-charge if:

(1) the depositors or owners of the trust funds have been informed of their right to ownership of the interest but relinquish the right of ownership to the broker-in-charge or property manager-in-charge by written agreement; and

(2) the agreement, if part of a preprinted form, uses conspicuous language.

(H) If trust funds are held outside a licensee's brokerage firm, the licensee remains obligated to ensure that the trust funds are timely and properly delivered to the trust fund agent as stated in the contract.

S.C. Code Ann. § 40-57-240

This chapter does not apply to:

(1) the sale, lease, or rental of real estate by an unlicensed owner of real estate who owns any interest in the real estate if the interest being sold, leased, or rented is identical to the owner's legal interest;

(2) an attorney at law acting within the scope of his duties involved in the legal representation of a client/owner;

(3) agencies and instrumentalities of the state or federal government and their employees acting within the scope of their official duties;

(4) foresters registered under Chapter 27, Title 48, if the sale of any land is merely incidental to the sale of timber on the land; or

(5) court-appointed receivers and trustees while acting within the scope of their appointment.

S.C. Code Ann. § 40-57-30

For purposes of this chapter:

(1) "Active license" means a license that has been issued for the current period and authorizes the licensee to practice in this State.

(2) "Agency relationship" means a legally binding relationship created in writing between a real estate brokerage firm and its client.

(3) "Agent" means one authorized and empowered by a written agency agreement to perform actions for a client. A real estate brokerage firm is the agent of a buyer, seller, landlord, or tenant, and the real estate brokerage firm's "supervised licensees" are its subagents.

(4) "Alternative name" means a first name, other than the licensee's legal first name, that is registered with the commission and used by the licensee for marketing purposes.

(5) "Associate" means a supervised licensee who:

(a) meets experience and education requirements;

(b) passes both the state and national portions of the examination for an associate license; and

(c) engages in or participates in an activity included in the definition of "broker" for a fee, salary, commission, or other valuable consideration, or with the intent or expectation of receiving compensation.

(6) "Broker" means a supervised licensee who has met the experience and education requirements and has passed both the state and national portions of the examination for a broker license and who, for a fee, salary, commission, referral fee, or other valuable consideration, or who, with the intent or expectation of receiving compensation:

(a) negotiates or attempts to negotiate the listing, sale, purchase, exchange, lease, or other disposition of real estate or the improvements to the real estate;

(b) auctions or offers to auction real estate in accordance with Section 40-6-250;

(d) offers services as a real estate consultant, counselor, or transaction manager;

(e) offers to act as a subagent of a real estate brokerage firm representing a client in a real estate transaction; or

(f) advertises or otherwise represents to the public as being engaged in any of the foregoing activities.

(7) "Broker-in-charge" means the sole broker designated by the commission to have responsibility over the actions of all supervised licensees. A broker-in-charge is responsible for:

(a) the day-to-day management of the brokerage firm;

(b) the control and liability for a real estate trust account; and

The authority granted to the broker-in-charge cannot be assigned or designated to another licensee.

(8) "Buyer agency" means a form of agency in which a real estate brokerage firm represents the buyer in an agency capacity as defined in this chapter.

(9) "Canceled license" means a license that is invalidated, can no longer be reinstated or renewed, and requires an individual seeking to be licensed again after cancellation of his prior license to reapply and meet current licensure requirements.

(10) "Client" means a person who enters a written agreement establishing an agency relationship with a real estate brokerage firm through its broker-in-charge, a property manager-in-charge, or a supervised licensee.

(11) "Commission" means the South Carolina Real Estate Commission and its members, who are charged by law with the responsibility of licensing or otherwise regulating the practice of real estate in the State of South Carolina.

(12) "Conversion" means to use trust funds for a purpose other than the purpose for which they are held. Conversion is a breach of trust and is a crime as provided by law.

(13) "Customer" means a buyer, seller, landlord, or tenant who uses the services of a real estate licensee but does not establish an agency relationship through a written agency agreement with the licensee's real estate brokerage firm.

(14) "Department" means the Department of Labor, Licensing and Regulation.

(15) "Designated agency" means a form of agency in which two clients represented by a real estate brokerage firm in the same transaction may be given almost equivalent treatment as a single agency.

(16) "Dual agency" means a form of agency in which a real estate brokerage firm with two clients in the same transaction gives limited agency services.

(17) "Email" means a system for sending and receiving a message electronically over a computer network and a message sent or received by the system.

(18) "Formal complaint" means a formal written complaint charging misconduct by a licensee in violation of this chapter, regulations promulgated under this chapter, Chapter 1, Title 40, or any other provision of law.

(19) "Inactive license" means the official temporary cessation of a licensee's authorization to practice real estate upon the licensee providing notice to the commission that the person does not intend to practice real estate brokerage, is no longer supervised by a South Carolina-licensed broker-in-charge or property manager-in-charge, or has stepped down as the broker-in-charge or property manager-in-charge from a brokerage or property management office.

(20) "Incompetency" means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other licensees of the same licensure status and required by the generally accepted standards of the profession. Charges of incompetence may be based upon a single act of incompetence or upon a course of conduct or series of acts or omissions that extend over a period of time and that, taken as a whole, demonstrate incompetence.

(21) "Lapsed license" means the termination of a person's authorization to practice under this chapter due to the person's failure to renew his license within the renewal period but before the license is canceled.

(22) "Letter of caution" means a written caution or warning about past or future conduct issued when it is determined that only minor misconduct not warranting discipline has been committed. The issuance of a letter of caution is not a form of discipline and does not constitute a finding of misconduct unless the letter of caution specifically states that misconduct has been committed. While nondisciplinary, the fact that a letter of caution has been issued may be considered in a subsequent disciplinary proceeding.

(23) "Licensee" means an individual currently licensed under this chapter.

(24) "Limited-function referral office" means a brokerage where the office policy allows only the placement of referrals through the broker-in-charge.

(25) "Material adverse fact" means:

(a) a condition or occurrence that is generally recognized as:

(i) significantly and adversely affecting the value of the real estate;

(ii) significantly reducing the structural integrity of improvements to real estate; or

(iii) presenting a significant health risk to occupants of the real estate; or

(b) information that indicates that a party to a transaction is not able to or does not intend to meet an obligation under a contract or agreement made concerning the transaction.

(26) "Ministerial act" means an act performed by a licensee not involving an exercise of discretion or judgment of a licensee on behalf of a person who is not a client and that assists the nonclient to consummate a real estate transaction.

(27) "Office" means the office location where a broker-in-charge or a property manager-in-charge is licensed to conduct real estate business.

(28) "Personal trust account" means an escrow account or demand deposit bank account properly designated and titled to include the words "trust" or "escrow" that is established and maintained by a licensee to safeguard funds belonging to parties to a real estate transaction when the transaction involves the licensee's personal real estate and the real estate is not managed or listed through a real estate brokerage firm.

(29) "Property manager" means a supervised licensee who meets educational requirements and passes the examination for a property manager license, and who will for a fee, salary, commission, other valuable consideration or with the intent or expectation of receiving compensation:

(a) negotiate or attempt to negotiate the rental or leasing of real estate or improvements to the real estate;

(b) list or offer to list and provide a service in connection with the leasing or rental of real estate or improvements to the real estate; or

(30) "Property manager-in-charge" means a property manager who is designated as having the responsibility over the actions of supervised licensees and also the responsibility and control over and liability for real estate trust accounts. A property manager-in-charge is responsible for the day-to-day management of the office for which the property manager-in-charge is registered with the commission and is responsible for ensuring compliance with all applicable laws and regulations.

(31) "Real estate" means land, buildings, and other appurtenances, including all interests in land, whether corporeal, incorporeal, freehold, or nonfreehold, whether the real estate is within or outside of the boundaries of this State.

(32) "Real estate brokerage" means the aspect of the real estate business that involves activities relative to property management or a real estate sale, exchange, purchase, lease, or other disposition.

(33) "Real estate brokerage firm" means a real estate company engaged in the business of real estate brokerage.

(34) "Real estate transaction" means an activity involving the sale, purchase, exchange, lease, or other disposition of real estate.

(35) "Residential real estate" means real estate which is used primarily for personal, family, or household purposes and is improved by one to four dwelling units.

(36) "Seller agency" means a form of agency in which a real estate brokerage firm represents the seller in an agency capacity as defined in this chapter.

(37) "Subagent" means an agent of an agent. A "supervised licensee" is a subagent of the real estate brokerage firm if the firm is an agent of a buyer, seller, landlord, or tenant.

(38) "Substantive contact" means contact in which a discussion or dialogue between the consumer and the supervised licensee or broker-in-charge moves from casual introductory talk to a meaningful conversation regarding the selling or buying motives or objectives of the seller or buyer, financial qualifications, and other confidential information that if disclosed could harm the consumer's bargaining position.

(39) "Supervised licensee" means a licensee affiliated with and under the supervision of a broker-in-charge or property manager-in-charge.

(40) "Team" means two or more supervised licensees working together as a single unit within an office established with the commission and supervised by a broker-in-charge.

(41) "Trust account" means an escrow account or properly designated demand deposit bank account that is:

(a) properly designated and titled to include the word "trust" or "escrow"; and

(b) established and maintained by a broker-in-charge or a property manager-in-charge to safeguard funds belonging to parties to a real estate transaction.

(42) "Trust funds" means funds received on behalf of another person by a licensee in the course of performing a real estate activity.

(43) "Transaction broker" means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a transaction without representing either party.

(44) "Wholesaling" means having a contractual interest in purchasing residential real estate from a property owner, then marketing the property for sale to a different buyer prior to taking legal ownership of the property. Advertising or marketing real estate owned by another individual or entity with the expectation of compensation falls under the definition of "broker" and requires licensure. "Wholesaling" does not refer to the assigning or offering to assign a contractual right to purchase residential real estate.

S.C. Code Ann. § 40-57-310

To be eligible for licensure as a real estate broker, broker-in-charge, or associate, an applicant must:

(1) attain the age of twenty-one if applying for a license as a broker or broker-in-charge;

(2) attain the age of eighteen if applying for a license as an associate;

(3) provide a physical address at which the licensee can be contacted in the course of an investigation. A licensee shall maintain on file with the commission his current contact information for his residential address, mailing address, email address, and telephone number. Failure to update this contact information within thirty days after a change may result in an administrative suspension of the property manager, associate, broker, or broker-in-charge pursuant to Section 40-57-710;

(4) graduate from high school or hold a certificate of equivalency recognized by the State Department of Education;

(5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter;

(6) if applicable, submit experience requirements as specified in this chapter;

(7) submit to a criminal background check as provided in Section 40-57-115 for initial application; and

(8) pass the state and national portions of the applicable examination.

S.C. Code Ann. § 40-57-320

(A) As a condition for and before applying to the commission for licensure, an applicant for an associate, broker, or broker-in-charge license shall provide proof to the commission of having met the following educational requirements, in addition to the other requirements of this chapter:

(1) for an associate license:

(a) completion of sixty hours of classroom instruction in fundamentals of real estate principles and practices and thirty hours of classroom instruction in advanced real estate principles within five years before the application, provided an applicant may take the license examination before completing the required thirty hours of advanced instruction; or

(b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate from an accredited college or university, or completion of another course of study approved by the commission; and

(2) for a broker license:

(a) completion of sixty hours of commission-approved real estate classroom instruction, to include completion of the thirty hour Unit III A Broker Management and of the thirty-hour Unit III B Brokerage Principles courses in advanced real estate principles and practices and five years active associate licensure within the past seven years; or

(b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate from an accredited college or university.

(B)(1) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the commission or a designated test provider at a time and place specified by the commission.

(2) The applicant must receive a passing grade on both the state and national portions of the examination, in accordance with a cut-score determination or a raw-score determination established by the commission.

(3) An applicant who applies to take the examination is granted a twelve-month eligibility period to complete successfully all portions of the examination. An applicant who fails to complete successfully both the state and national portions of the examination may reapply to become eligible for the examination if applicable qualifying courses were completed fewer than three years before applying for the examination.

(4) An applicant who passes both the state and national portions of the examination must apply for a license within one year, or the applicant must reapply and retake all portions of the examination.

(5) An applicant who is denied licensure by the commission may not reapply for licensure for a period of twenty-four months from the date of denial unless he prevails in appealing the denial pursuant to the Administrative Procedures Act.

(6) An individual who, at the time of application, holds an active real estate license in another state or jurisdiction or whose real estate license in another state or jurisdiction expired not more than six months before he makes his application only is required to pass the state portion of the examination to qualify for licensure. This does not exempt the individual from satisfying the educational requirements of this chapter.

(C) The commission or test provider may collect and retain reasonable examination fees. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider.

S.C. Code Ann. § 40-57-330

(A) A broker-in-charge license may not be issued to or renewed for an applicant unless the applicant:

(1) has an ownership interest in the applicant's company; or

(2) is actively engaged in the operation and management of the company.

(B) An individual holding an active broker or associate license must be licensed under a broker-in-charge who is licensed by the commission and may not be licensed during the same period with more than one broker-in-charge. When a licensee becomes disassociated with a broker-in-charge, he immediately shall notify the commission by completion of the proper form. The licensee must furnish a new business address to the commission, the authorization of the new broker-in-charge, and proof of notification to the former broker-in-charge.

(C) When a designated broker-in-charge becomes disassociated with the office registered with the commission, the broker-in-charge shall notify the commission within five days. The broker-in-charge designation will be removed and the licensee's license will be deactivated.

S.C. Code Ann. § 40-57-340

(A) As a condition of active license renewal:

(1) A broker or associate shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses. The ten hours must include a minimum of four hours of instruction in mandated topics.

(2) A broker-in-charge shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses approved by the commission. The ten hours must include a minimum of four hours of instruction in mandated topics for a broker or associate license and four hours of continuing education must be in advanced real estate topics designed for brokers-in-charge.

(3) A license must be renewed biennially coinciding with the licensees' continuing education deadline. Approximately one-half of the licensees must renew in even-numbered years and the remainder in odd-numbered years.

(B)(1) Exempt from the biennial continuing education required by subsection (A) are:

(a) an associate who successfully completes a post-licensing course or takes a broker course is exempt for the renewal period during which the course was taken;

(b) a licensee while on inactive status;

(c) a broker or associate with twenty-five years or more of licensure in South Carolina who is sixty-five years of age or more may apply for an age and experience-based full continuing education waiver, and upon granting of the waiver, is exempt from the continuing education requirements of this chapter;

(d) a broker or associate with a minimum of twenty-five years of licensure in South Carolina who may apply to be granted an experience-based partial continuing education waiver, and upon granting of the waiver, is required to complete only a mandatory four-hour core course biennially to maintain active licensure; or

(e) a nonresident broker or a nonresident associate who has successfully satisfied the continuing education requirements of their jurisdiction of residence may be exempt with approval of the commission.

(2) A broker-in-charge who has been granted a partial continuing education waiver is required to take a four-hour core course and the mandated four-hour broker-in-charge course biennially.

(3) A licensee who previously has been granted a full continuing education waiver by the commission is exempt from the continuing education requirements of this chapter.

(C) A broker or associate who takes more than the required number of hours during a two-year period may carry forward up to four hours of elective courses to another renewal period.

(D) A broker or associate who fails to submit to criminal background check requirements of this section or complete the continuing education requirements of this section by the date of license renewal may renew by submitting applicable fees but immediately must be placed on inactive status. The license may be reactivated upon proof of completion of required continuing education and payment of applicable fees or submission to a criminal background check and payment of applicable fees, whichever remedies the deficiency that caused the licensee to be placed on inactive status.

S.C. Code Ann. § 40-57-345

An individual with an expired license who, at the time of expiration, was in good standing, has twenty-five years or more of licensure in South Carolina, and who is sixty-five years of age, may apply to the Real Estate Commission for a renewal of the expired license. The applicant must pay the renewal fee as provided by law. Upon renewal, the licensee is exempt from continuing education requirements as provided by law.

S.C. Code Ann. § 40-57-350

(A) A real estate brokerage firm that provides services through an agency agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting as set forth in this chapter. Pursuant to the aforementioned duties owed to a client, a real estate brokerage firm and its subagents are prohibited from engaging in, representing others in, or assisting others in the practice of wholesaling. The following are the permissible brokerage relationships a real estate brokerage firm may establish:

(1) seller agency;

(2) buyer agency;

(3) disclosed dual agency;

(4) designated agency; or

(5) transaction brokerage.

(B) The broker-in-charge of a real estate brokerage firm shall adopt a written company policy that identifies and describes the types of real estate brokerage relationships in which supervised licensees may engage, including teams and limited function referral offices. The written policy must include:

(1) the real estate brokerage firm's policy regarding cooperation with transaction brokers, or both buyer agents, and transaction brokers, and whether the broker offers compensation to these licensees;

(2) the scope of services provided to the real estate brokerage firm's clients;

(3) the scope of services provided to the real estate brokerage firm's customers;

(4) when and how supervised licensees shall explain and disclose their brokerage relationships with an interested party to a potential transaction. The explanation and disclosure shall always comply with the minimum requirements set forth in this chapter;

(5) when and how a supervised licensee shall explain the potential for the licensee to later act as a disclosed dual agent, designated agent, or transaction broker in specific transactions, as permitted by this chapter; and

(6) the real estate brokerage firm's policy on compliance with state and federal fair housing laws.

(C)(1) On reaching a written agency agreement to provide brokerage services for a seller of real estate, a seller's agent shall:

(a) perform the terms of the written brokerage agreement made with the seller;

(b) pursuant to subsection (A), promote the interest of the seller by performing agency duties which include:

(i) seeking a sale at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the seller, except that the real estate brokerage firm is not obligated to seek additional offers to purchase unless the brokerage agreement provides otherwise while the property is subject to a contract of sale;

(ii) presenting in a timely manner all written offers and counteroffers to and from the seller, even when the property is subject to a contract of sale;

(iii) disclosing to the seller all material adverse facts concerning the transaction which are actually known to the seller's agent except as directed otherwise in this section;

(iv) advising the seller to obtain expert advice on matters that are beyond the expertise of the licensee; and

(v) accounting in a timely manner, as required by this chapter, for all money and property received in which the seller has or may have an interest;

(d) comply with all provisions of this chapter and with regulations adopted by the commission;

(e) comply with all applicable federal, state, or local laws, rules, regulations, and ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights;

(f) preserve confidential information provided by the seller during the course of and following the agency relationship that might have a negative impact on the seller's real estate activity unless:

(i) the seller to whom the confidential information pertains grants written consent to disclose the information;

(ii) disclosure is required by law; or

(iii) disclosure is necessary to defend the licensee against an accusation of wrongful conduct; or

(iv) the information becomes public from a source other than the broker.

(2) No cause of action may arise against a licensee for disclosing confidential information in compliance with item (1)(f).

(D) A licensee acting as a seller's agent may offer alternative properties to prospective buyers. A licensee acting as a seller's agent also may list for sale competing properties.

(E)(1) On reaching a written agency agreement to provide brokerage services to a potential buyer of real estate, a buyer's agent shall:

(a) perform the terms of the written brokerage agreement made with the buyer;

(b) in accordance with subsection (A), promote the interest of the buyer by performing the buyer's agent's duties which include:

(i) seeking the type of property at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the buyer, except that the licensee is not obligated to seek additional properties unless the brokerage agreement provides otherwise for a buyer once the buyer becomes a party to a contract of sale;

(ii) presenting in a timely manner all written offers and counteroffers to and from the buyer;

(iii) disclosing to the buyer all material adverse facts concerning the transaction which are actually known to the licensee except as directed otherwise in this section. Nothing in this chapter may limit a buyer's obligation to inspect the physical condition of the property which the buyer may purchase;

(iv) advising the buyer to obtain expert advice on material matters that are beyond the expertise of the licensee; and

(v) accounting in a timely manner, as required by this chapter, for all money and property received in which the buyer has or may have an interest;

(d) complying with all provisions of this chapter and with regulations promulgated by the commission;

(e) complying with all applicable federal, state, or local laws, rules, regulations, and ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights;

(f) preserving confidential information provided by the buyer during the course of or following the agency relationship that might have a negative impact on the buyer's real estate activity unless:

(i) the buyer to whom the confidential information pertains, grants written consent to disclose the information;

(ii) disclosure is required by law;

(iii) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or

(iv) the information becomes public from a source other than the licensee.

(2) No cause of action may arise against a licensee for disclosing confidential information in compliance with item (1)(f).

(F) A licensee acting as a buyer's agent may offer properties which interest his buyer client to other potential buyers. However, if the licensee has two competing buyer clients in a single real estate transaction, the agent will give written notice to each buyer client that neither will receive the confidential information of the other.

(G)(1) A licensee shall treat all parties honestly and may not knowingly give them false or misleading information about the condition of the property which is known to the licensee. A licensee is not obligated to discover latent defects or to advise parties on matters outside the scope of the licensee's real estate expertise. Notwithstanding another provision of law, no cause of action may be brought against a licensee who has truthfully disclosed to a buyer a known material defect.

(2) No cause of action may be brought against a real estate brokerage firm or licensee by a party for information contained in reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying organism control expert, termite inspector, mortgage broker, home inspector, or other home inspection expert, or other similar reports.

(3) A licensee, the real estate brokerage firm, and the broker-in-charge are not liable to a party for providing the party with false or misleading information if that information was provided to the licensee by the client or customer and the licensee did not know the information was false or incomplete.

(H) Nothing in this chapter limits the obligation of the buyer to inspect the physical condition of the property.

(I)(1) A real estate brokerage firm may act as a disclosed dual agent only with the prior informed and written consent of all parties. Consent is presumed to be informed if a party signs a completed copy of a dual agency agreement, promulgated by the commission. At the latest, the form must be signed by the buyer before writing an offer and by the seller before signing the sales contract. The agreement must specify the transaction, and must name the parties to the dual agency consent agreement, and must state that:

(a) in acting as a dual agent, the real estate brokerage firm represents clients whose interests may be adverse and that agency duties are limited;

(b) the supervised licensees of the real estate brokerage firm may disclose information gained from one party to another party if the information is relevant to the transaction, except if the information concerns:

(i) the willingness or ability of a seller to accept less than the asking price;

(ii) the willingness or ability of a buyer to pay more than the offered price;

(iii) any confidential negotiating strategy not disclosed in an offer as terms of a sale; or

(iv) the motivation of a seller for selling property or the motivation of a buyer for buying property;

(d) that the clients have read and understood the dual agency agreement and acknowledge that their consent to dual agency is voluntary.

(2) A broker-in-charge and supervised licensees in one office of a real estate brokerage firm may conduct business with a client of another office of the real estate brokerage firm as a customer or client without creating a dual agency relationship, so long as the branch offices each have a separate broker-in-charge and do not share the same supervised licensees.

(J)(1) A broker-in-charge may assign, through the adoption of a company policy, different licensees affiliated with the broker-in-charge as designated agents to exclusively represent different clients in the same transaction. A company policy adopted to fulfill the requirements of this subsection must contain provisions reasonably calculated to ensure each client is represented in accordance with the requirements of this chapter.

(2) A broker-in-charge may personally, or through the broker's duly authorized real estate-licensed representative, specifically designate one or more supervised licensees who will be acting as agent of the buyer client or seller client to the exclusion of all other supervised licensees. Buyers and sellers shall give informed consent to enter into designated agency relationships. The informed consent must be evidenced by a designated agency agreement promulgated by the commission, and must be signed by the buyer before writing the offer and by the seller before signing the sales agreement. The designated agency agreement must include language informing the buyer and seller of the obligations of the broker-in-charge and supervised licensees under this section.

(3) If a buyer client of a real estate brokerage firm wants to view a property that was personally listed by the broker-in-charge, the real estate brokerage firm shall act as a dual agent with the written consent of the buyer and seller, as required by subsection (I). If a seller client of a real estate brokerage firm wants to sell a property to a buyer client of the real estate brokerage firm that is personally represented by the broker-in-charge, the real estate brokerage firm shall act as a dual agent with the written consent of the buyer and seller, as required by subsection (I).

(4) A designated agent of a seller client has the duties and obligations set forth in subsections (C) through (E). A designated agent of a buyer client has the duties and obligations set forth in subsections (E), (G), and (H).

(5) In a transaction where both buyer and seller are represented by designated agents, the broker-in-charge shall act as a dual agent pursuant to subsection (I). The broker-in-charge is not required to complete a dual agency agreement under this provision. Consent must be contained in the designated agency agreement.

(6) A designated agent may disclose to the designated agent's broker-in-charge, or the licensed representative appointed by the broker-in-charge, confidential information of a client for the purpose of seeking advice or assistance for the benefit of the client in regard to a transaction.

(7) If a buyer client of a real estate brokerage firm wants to view and make an offer to purchase a property owned by a seller client being represented by the same supervised licensee, the real estate brokerage firm must act as a dual agent with the written consent of the buyer and seller, as required by subsection (I).

(8) If a broker-in-charge appoints different supervised licensees as designated agents in accordance with subsection (J)(1), the broker-in-charge, all remaining affiliated licensees, and the real estate brokerage firm must be considered to be dual agents.

(9) There may be no imputation of knowledge or information between and among the broker-in-charge, agents, and the clients. Designated agents may not disclose, except to the designated agent's broker-in-charge or appointed representative, information made confidential by written request or instruction of the client whom the designated agent is representing, except information allowed to be disclosed by this section or required to be disclosed by this section. Unless required to be disclosed by law, the broker-in-charge of a designated agent may not reveal confidential information received from either the designated agent or the client with whom the designated agent is working. For the purposes of this section, confidential information is information the disclosure of which has not been consented to by the client and that could harm the negotiating position of the client.

(10) The designation of one or more of a broker-in-charge's supervised licensees as designated agents does not permit the disclosure by the broker-in-charge or supervised licensees of information made confidential by an express written request or instruction by a party before or after the creation of the designated agency. The broker-in-charge and supervised licensees shall continue to maintain this confidential information unless the party from whom the confidential information was obtained permits its disclosure by written agreement or disclosure is required by law. No liability is created as a result of a broker-in-charge's and supervised licensee's compliance with this subsection.

(K) A licensee who represents one party to a real estate transaction may provide assistance to other parties to the transaction by performing ministerial acts such as writing and conveying offers, and providing information and aid concerning other professional services not related to the real estate brokerage services being performed for a client. Performing ministerial acts does not create an agency relationship.

(L)(1) A real estate brokerage firm may offer transaction brokerage to potential buyers and sellers. A transaction broker may be a single agent of a party in a transaction, giving the other party customer service or the transaction broker may facilitate the transaction without representing either party.

(2) Licensees operating as transaction brokers are required to disclose to buyers and sellers their role and duties in offering customer services to the consumer that shall include the following:

(a) honesty and fair dealing;

(b) accounting for all funds;

(d) disclosing material adverse facts that affect the transaction, or the value or condition of the real property and that are not readily ascertainable;

(e) promptly presenting all written offers and counteroffers;

(f) limited confidentiality, unless waived in writing by a party. This limited confidentiality prohibits disclosing:

(i) information concerning a buyer's motivation to buy or the buyer's willingness to make a higher offer than the price submitted in a written offer;

(ii) factors motivating a seller to sell or the seller's willingness to accept an offer less than the list price;

(iii) that a seller or buyer will agree to financing terms other than those offered; and

(iv) information requested by a party to remain confidential, except information required by law to be disclosed;

(g) additional duties that are entered into by separate agreement.

(3) Prospective buyers and sellers who do not choose to establish an agency relationship with a real estate brokerage firm but who use the services of the firm are considered customers. A licensee may offer the following services to a customer as a single agent or as a transaction broker including, but not limited to:

(a) identifying and showing property for sale, lease, or exchange;

(b) providing real estate statistics and information on property;

(d) acting as a scribe in the preparation of real estate forms, contracts, leases, and related exhibits and addenda;

(e) providing a list of architects, engineers, surveyors, inspectors, lenders, insurance agents, attorneys, and other professionals; and

(f) identifying schools, shopping facilities, places of worship, and other similar facilities on behalf of the parties in a real estate transaction.

(4) A licensee offering services to a customer shall:

(a) timely present all written offers to and from the parties involving the sale, lease, and exchange of property, even when the property is subject to a contract of sale;

(b) timely account for all money and property received by the broker on behalf of a party in a real estate transaction;

(d) provide an explanation of the scope of services to be provided by the licensee;

(e) be fair and honest and provide accurate information in all dealings;

(f) keep information confidential as requested in writing by the customer; and

(g) disclose known material facts regarding the property or the transaction.

(5) Pursuant to the aforementioned duties owed to a customer, a real estate brokerage firm and its subagents are prohibited from engaging in, representing others in, or assisting others in the practice of wholesaling.

(M) The provisions of this section which are inconsistent with applicable principles of common law supersede the common law, and the common law may be used to aid in interpreting or clarifying the duties described in this section. Except as otherwise stated, nothing in the section precludes an injured party from bringing a cause of action against licensees, their companies, or their brokers-in-charge.

S.C. Code Ann. § 40-57-360

Section effective until May 15, 2027. See, also, Section 40-57-360 effective May 15, 2027.

(A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which associated licensees may engage.

(B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge's written office policy.

(C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge.

(D) Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way.

(E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names may not include the terms "realty", "real estate", "realtors", or similar terms suggesting a brokerage.

(F) The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising.

(G) The commission may promulgate regulations regarding the creation and operation of real estate teams.

S.C. Code Ann. § 40-57-370

(A) A licensee shall provide at the first practical opportunity to all potential buyers and sellers of real estate with whom the licensee has substantive contact:

(1) a meaningful explanation of brokerage relationships in real estate transactions that are offered by that real estate brokerage firm, including an explanation of customer and client services;

(2) Disclosure of Brokerage Relationships form prescribed by the commission.

(B) An "Acknowledgement of Receipt of the Disclosure of Brokerage Relationships" form must be included in an agency agreement and in a sales contract. In addition, each sales contract must require the buyer and the seller to acknowledge whether they received customer or client service in that real estate transaction.

(C) At the time of first substantive contact, it is presumed that the potential buyer or seller is to be a customer of the real estate brokerage firm and that the real estate brokerage firm will be acting as a transaction broker as defined by this chapter and that the real estate brokerage firm shall offer services to a customer as defined by Section 40-57-350(L) only until the potential buyer or seller signs an agency representation agreement.

(D) If first substantive contact occurs over the telephone or other electronic means, including the Internet and electronic mail, an "Acknowledgement of Receipt of the Disclosure of Brokerage Relationships" form may be sent by electronic means, including the Internet and electronic mail.

(E) For all real estate transactions, no agency relationship between a buyer, seller, landlord, or tenant and a real estate brokerage firm exists unless the buyer, seller, landlord, or tenant and the brokerage company agree, in writing, to the agency relationship. No type of agency relationship may be assumed by a buyer, seller, landlord, tenant, or licensee or created orally or by implication. A real estate brokerage firm may not be considered to have an agency relationship with a party or have agency obligations to a party but is responsible only for exercising reasonable care in the discharge of the real estate brokerage firm's specified duties, as provided in this chapter, and, in the case of a client, as specified in the agency agreement.

(F) The payment or promise of payment of compensation to a real estate brokerage firm by a seller, buyer, landlord, or tenant does not determine whether an agency relationship has been created between a real estate licensee and a seller, buyer, landlord, or tenant.

(G) The brokerage relationship disclosure requirements of this section do not apply if the:

(1) transaction is regarding the rental or lease of property; or

(2) communication from the licensee is a solicitation of business.

S.C. Code Ann. § 40-57-380

A real estate broker and all supervised licensees owe no duty or obligation to a client following termination, expiration, completion, or performance of an agency agreement or closing of the real property transaction, whichever occurs first, except the duties of:

(1) accounting in a timely manner for all money and property related to and received during the relationship; and

(2) keeping confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, except as provided for in Section 40-57-350(C)(1)(f) and Section 40-57-350(E)(1)(f) unless the:

(a) client permits the disclosure by written agreement;

(b) disclosure is required by law;

(c) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or

(d) the information becomes public from a source other than the broker.

S.C. Code Ann. § 40-57-40

(A) The South Carolina Real Estate Commission consists of ten commissioners elected or appointed as follows:

(1) seven commissioners who are professionally engaged in the active practice of real estate, one elected from each congressional district by a majority of house members and senators representing the house and senate districts located within each congressional district;

(2) two commissioners representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate;

(3) the elected and appointed commissioners shall elect from the State at large one additional commissioner who must be in the active practice of real estate.

(B) A commissioner serves a term of four years and until his successor is elected or appointed and qualifies. A vacancy on the commission must be filled in the manner of the original election or appointment for the remainder of the unexpired term.

(C) Before discharging of the duties of his office, a commissioner's election or appointment must be certified by the Secretary of State, and the member shall, in writing, take an oath to perform the duties of the office as a member of the commission and to uphold the constitutions of this State and the United States.

(D) The term of a commissioner commences on the date on which his election or appointment is certified by the Secretary of State.

(E) A commissioner may be removed from office in accordance with Section 1-3-240.

S.C. Code Ann. § 40-57-510

(A) To be eligible for licensure as a property manager or property manager-in-charge, an applicant must:

(1) attain the age of twenty-one if applying for a property manager-in-charge;

(2) attain the age of eighteen if applying for a license as a property manager;

(4) graduate from high school or hold a certificate of equivalency that is recognized by the South Carolina Department of Education;

(5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter;

(6) submit to criminal background check as provided in Section 40-57-115 for initial application; and

(7) pass the applicable examination.

(B) An application for examination or licensure must be made in writing on a form prescribed by the commission and must be accompanied by all applicable fees.

(C) As a condition for and before applying to the commission for licensure, an applicant for a property manager or property manager-in-charge license shall provide proof to the commission of having met the following educational requirements, in addition to the other requirements of this chapter:

(1) for a property manager license:

(a) completion of thirty hours of classroom instruction in property management principles and practices; or

(b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate or housing from an accredited college or university, or completion of another course of study approved by the commission; and

(2) for a property manager-in-charge license:

(a) an active property manager license; and

(b) completion of seven hours of instruction in property management accounting and record-keeping approved by the commission.

(D) The commission shall issue licenses in the classifications of property manager or property manager-in-charge to individuals who qualify under and comply with the requirements of this chapter. An individual may not be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable.

(E) An individual holding an active property manager license must be licensed under a property manager-in-charge or broker-in-charge who is licensed by the commission or must be designated as a property manager-in-charge. A property manager may not be licensed during the same period with more than one property manager-in-charge or broker-in-charge. When a licensee becomes disassociated with a broker-in-charge or property manager-in-charge, the licensee immediately shall notify the commission by completion of the proper form. The licensee must furnish a new business address to the commission, the authorization of the new broker-in-charge or new property manager-in-charge, and proof of notification to the former broker-in-charge or property manager-in-charge.

(F) As a condition for and before applying to the commission for licensure renewal, a property manager or property manager-in-charge shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115.

(G) A property manager or property manager-in-charge who fails to submit to criminal background check requirements of this section by the date of license renewal may renew by submitting applicable fees but immediately must be placed on inactive status. The license may be reactivated upon proof of submission to a criminal background check.

(H) When a designated property manager-in-charge becomes disassociated with the office registered with the commission, the property manager-in-charge shall immediately notify the commission. The property manager-in-charge designation will be removed and the licensee's license will be inactivated.

S.C. Code Ann. § 40-57-520

(A) The management of each residential multiunit rental location must be provided by an on-site licensee or an off-site licensee if there is no on-site staff.

(B) The commission may permit multiple multiunit rental property locations to be managed by one licensee.

(C) An unlicensed employee of the owner of a multiunit rental property or an unlicensed individual who works under the supervision of a licensee is permitted to perform only the following duties:

(1) maintenance;

(2) clerical or administrative support;

(3) collection of rents that are made payable to the owner or real estate company;

(4) showing rental units to prospective tenants;

(5) furnishing published information;

(6) providing applications and lease forms; and

(7) receiving applications and leases for submission to the owner or the licensee for approval.

S.C. Code Ann. § 40-57-60

(A) The commission shall administer and enforce this chapter and regulations promulgated under this chapter. In addition to powers contained in Section 40-1-70, the powers and duties include, but are not limited to:

(1) determining the standards for the qualifications and eligibility of applicants for licensure, the qualifications of education providers and instructors, and the conditions for initial license issuance and license renewal;

(2) conducting disciplinary hearings on alleged violations of this chapter and regulations promulgated under this chapter and deciding disciplinary actions as provided in this chapter for those found to be in violation;

(3) recommending changes in legislation and promulgating regulations governing the real estate industry relative to the protection, safety, and welfare of the public; and

(4) establishing a fee schedule.

(B) The commission may not be involved in a resolution of disputes between licensees over the payment or division of a commission or fee.

(C) The commission staff shall conduct periodic inspections of the offices of licensees to assist with and ensure compliance with this chapter.

S.C. Code Ann. § 40-57-70

(A) Fees relevant to the licensure and regulation of real estate brokers, associates, and property managers must be established in accordance with Section 40-1-50(D) and promulgated by regulation prior to implementation.

(B) Application and license fees must be paid to the commission in advance and must accompany an examination application or a license application. An application fee is nonrefundable.

(C)(1) The department may allocate up to ten dollars of each license renewal fee to the South Carolina Real Estate Commission Education and Research Fund which is established as a separate and distinct account within the Office of the State Treasurer. The funds collected must be deposited in this account and used exclusively for the advancement and dissemination of education, tools, and research:

(a) for the benefit, safety, and protection of those licensed under this chapter and the public; or

(b) for the improvement and increased efficiency of the real estate industry in this State through analysis and evaluation of factors which affect the real estate industry in this State.

(2) The commission annually by August first shall submit a report on how the funds were expended for the preceding fiscal year to the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee.

S.C. Code Ann. § 40-57-710

(A) In addition to Section 40-1-110, the commission may deny issuance of a license to an applicant or may take disciplinary action against a licensee who:

(1) makes a substantial misrepresentation on an application for a real estate license;

(2) makes a substantial misrepresentation involving a real estate transaction;

(3) makes false promises likely to influence, persuade, or induce;

(4) pursues a continued and flagrant course of misrepresentation or makes false and misleading promises through any medium of advertising or otherwise;

(5) in the practice of real estate, demonstrates bad faith, dishonesty, untrustworthiness, or incompetency in a manner as to endanger the interest of the public;

(6) represents a real estate broker other than the broker-in-charge or property manager-in-charge with whom they are licensed;

(7) guarantees or authorizes and permits a supervised licensee to guarantee future profits from the resale of real estate;

(8) makes a dual set of contracts, written or otherwise, by stating a sales price other than the actual sales price;

(9) is convicted of violating the federal and state fair housing laws, forgery, embezzlement, breach of trust, larceny, obtaining money or property under false pretense, extortion, fraud, conspiracy to defraud, or any other crime involving the theft or taking of the property belonging to another, or has been convicted of a felony sex-related, felony drug-related, felony real estate-related, felony financial, or felony violent offense, or pleading guilty or nolo contendere to such an offense in a court of competent jurisdiction of this State, another state, or a federal court;

(10) fails to report to the commission in writing by certified mail, within ten days, notice of conviction of a crime provided in item (9);

(11) fails, within a reasonable time, to account for or to remit trust funds coming into his possession which belong to others;

(12) pays a commission or compensation to an unlicensed individual for activities requiring a license under this chapter. Notwithstanding this section, a licensee may not pay or offer to pay a referral fee or finder's fee to an unlicensed individual who is not a party in the real estate sales or rental transaction;

(13) violates a provision of law relating to the freedom of a buyer or seller to choose an attorney, insurance agent, title insurance agent, or another service provider to facilitate the real estate transaction;

(14) fails to disclose in accordance with Section 40-57-370 the party or parties for whom the licensee will be acting as an agent in a real estate transaction, if any;

(15) receives compensation in a real estate transaction or directly resulting from a real estate transaction from more than one party except with the full knowledge and written disclosure to all parties;

(16) represents more than one party in a real estate transaction without the full written knowledge and consent of all parties;

(17) acts as an undisclosed principal in a real estate transaction;

(18) accepts deposit money which is to be delivered to the licensee's principal in a real estate transaction without informing the payor and having the payor acknowledge in writing who will hold the money received by the licensee;

(19) issues a check in connection with his real estate business which is returned for insufficient funds or closed account;

(20) fails to disclose in accordance with Section 40-57-350 a known material fact concerning a real estate transaction;

(21) violates a provision of this chapter or a regulation promulgated under this chapter;

(22) violates a rule or order of the commission;

(23) knowingly gives false information to an investigator or inspector;

(24) engages in a practice or takes action inconsistent with the agency relationship that other real estate licensees have established with their clients;

(25) fails to make all records required to be maintained under this chapter available to the commission for inspection and copying by the commission upon request of an investigator or inspector of the commission, fails to appear for an interview with an investigator or inspector of the commission without due cause, or provides false information upon direct inquiry by the investigator or inspector;

(26) fails to promptly submit all offers and counteroffers in a real estate sales transaction;

(27) fails to provide current contact information to the commission;

(28) allows or creates an unreasonable delay in the closing of a transaction or act in a manner which causes failure or termination of a transaction due solely to a dispute among participating licensees concerning the division of a commission; or

(29) fails to disclose civil judgments brought on grounds of fraud, misrepresentation, or deceit.

(B) If after an investigation, charges of a violation are brought against a licensee, the broker-in-charge or property manager-in-charge must be notified of the charges. In the event a supervised licensee is noticed for a formal complaint hearing or otherwise appears before the commission to resolve the charges, the broker-in-charge or property manager-in-charge of record during the events in question must also attend the hearing. Unless the broker-in-charge or property manager-in-charge can show good cause as to why he failed to appear, the absence may result in the broker-in-charge or property manager-in-charge facing disciplinary action at the discretion of the commission.

S.C. Code Ann. § 40-57-720

(A) An investigation must be conducted in accordance with Section 40-1-80 and must be performed by investigators who have completed one hundred hours of training in programs that are approved by the commission and provide instruction on real estate principles, state statutory and regulatory law, and investigative techniques.

(B) A cease and desist order, restraining order, or an action seeking injunctive relief must be obtained in accordance with Sections 40-1-100 and 40-1-210.

(C)(1) The department shall conclude its investigation within one hundred fifty days from receipt of the complaint or seek a waiver of this period from the commission upon a showing of due diligence and extenuating circumstances.

(2) A hearing on the charges must be at the time and place designated by the commission and must be conducted in accordance with the Administrative Procedures Act.

(3) The commission shall render a decision and shall serve, within ninety days, notice, in writing, of the commission's decision to the licensee charged. The commission also shall state in the notice the date upon which the ruling or decision becomes effective.

(4) The department shall maintain a public docket or other permanent record in which must be recorded all orders, consent orders, or stipulated settlements.

(D) A licensee may voluntarily surrender his license in accordance with Section 40-1-150.

(E)(1) The commission may impose disciplinary action in accordance with Section 40-1-120.

(2) Upon determination by the commission that one or more of the grounds for discipline exists, the commission may impose a fine of not more than ten thousand dollars for each violation and as provided in Section 40-1-120. The commission may recover the costs of the investigation and the prosecution as provided in Section 40-1-170.

(3) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the commission wherein violations are not contested and sanctions are accepted.

(F) The department annually shall post a report that provides the data for the number of complaints received, the number of investigations initiated, the average length of investigations, and the number of investigations that exceeded one hundred fifty days.

S.C. Code Ann. § 40-57-730

(A) Unless the revocation is expressly made permanent as provided for in Section 40-1-120, after revocation of a license, a person may not reapply for three years from the date of revocation.

(B) An individual seeking licensure after revocation shall:

(1) appear before the commission in order for the commission to evaluate the individual's competency and fitness to transact the business of a real estate licensee; and

(2) meet all applicable educational examination and experience requirements that apply to individuals applying for a license who have never been licensed.

S.C. Code Ann. § 40-57-740

(A) No cause of action may arise against an owner of real estate or licensed real estate agent of a party to a transaction for failure to disclose in a transaction:

(1) that the subject real estate is or was occupied by an individual who was infected with a virus or another disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual;

(2) that the death of an occupant of a property has occurred or the manner of the death;

(3) any off-site condition or hazard that does not directly impact the property being transferred; or

(4) any psychological impact that has no material impact on the physical condition of the property being transferred.

(B) Nothing in subsection (A) precludes an action against an owner of real estate or agent of the owner who makes intentional misrepresentations in response to direct inquiry from a buyer or prospective buyer with regard to psychological impacts, offsite conditions, or stigmas associated with the real estate.

S.C. Code Ann. § 40-57-770

An investigation conducted pursuant to this chapter is confidential. The supervising broker-in-charge or property manager-in-charge of record with whom the supervised licensee is affiliated with at the time the licensee is sent the information as required pursuant to Section 40-1-80(B) shall also receive a copy of the same information the supervised licensee is sent pursuant to Section 40-1-80(B). Related communications are privileged as provided in Section 40-1-190.

S.C. Code Ann. § 40-57-780

A real estate broker, associate, or property manager who fails to renew or register a license and continues to engage in the business permitted pursuant to the license is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

S.C. Code Ann. § 40-57-910

(A) The commission may promulgate regulations standards and qualification requirements for prelicensing and continuing education providers, instructors, and courses.

(B) Prelicensing and continuing education courses are eligible for distance learning if the provider has attained certification by the Association of Real Estate License Law Officials (ARELLO), its subsidiary, the International Distance Education Certification Center (IDECC), or other national certifying entities as approved by the commission.

(C) The commission may review, approve, and regulate education courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, and institutions.

(1) The commission shall qualify for continuing education credit designation and certification programs of nationally recognized real estate organizations and associations. The commission may qualify for continuing education credit other than courses currently approved for continuing credit including, but not limited to, courses offered by the South Carolina Bar Association, the South Carolina Forestry Board, and the South Carolina Appraisers Board.

(2) Notwithstanding another provision of law, the commission shall qualify for continuing education credit courses that are related to real estate technology, professional development, and business ethics.

(3) An approved course must be taught by an approved instructor who is qualified and has demonstrated knowledge of the subject matter to be taught as well as the ability to teach.

(D) In accordance with regulations, providers electronically shall transmit to the commission student continuing education and qualifying course records. The commission shall maintain an accurate and secure database of student records.

S.C. Code Ann. § 40-59-25

(A)(1) A person who enters into a written contract for goods or services related to a roofing system with a party who will be paid from proceeds of a property and casualty insurance policy and who subsequently receives written notice from the insurer that all or part of the claim or contract is not a covered loss under the policy may cancel the contract prior to midnight on the fifth business day after the insured has received the written notice of the denial of coverage.

(2) This section applies to the following persons performing goods or services related to a roofing system:

(a) a licensed residential builder;

(b) a registered residential specialty contractor; and

(c) a person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission.

(3) Cancellation must be evidenced by the insured giving written notice of cancellation to the builder or contractor at the address provided in the contract. Notice of cancellation, if given by mail, must be effective upon deposit into the United States mail, postage prepaid and properly addressed to the builder or contractor. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract.

(4) For purposes of this subsection, "roof system" means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, or insulation.

(B) Before entering a contract as provided in subsection (A), the builder or contractor shall:

(1) provide the insured a statement in boldface type of a minimum size of ten points, in substantially the following form:

"You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of this claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right"; and

(2) provide each insured a fully completed form, in duplicate, prominently captioned "NOTICE OF CANCELLATION", which must be attached to the contract but easily detachable, and which must contain in boldface type of a minimum size of ten points the following statement:

"NOTICE OF CANCELLATION

If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (insert name of contractor) at (insert address of contractor's place of business) any time prior to midnight on the fifth business day after you have received such notices from your insurer.

I HEREBY CANCEL THIS TRANSACTION

DATE

SIGNATURE OF INSURED"

(C) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a builder or contractor shall not require any payments from an insured until the five-day cancellation period has expired. If, however, the builder or contractor has performed any emergency services, acknowledged by the insured in writing to be necessary to prevent damage to the premises, the builder or contractor must be entitled to collect the amount due for the emergency services at the time they are rendered. A provision in a contract as provided in subsection (A) that requires payment of any fee for anything except emergency services must not be enforceable against an insured who has canceled a contract under this section.

(D)(1) A builder or contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems.

(2) Notwithstanding item (1), or any other provision of state law, an owner is not prevented from consulting with a builder, contractor, or other person of his choice to provide an evaluation of the condition of his roof system and using the evaluation he receives in the negotiation for the repair or replacement of his roof system.

(E)(1) A builder or contractor shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services.

(2) A person who violates a provision of this subsection is guilty of a misdemeanor. The violation is grounds for suspension or revocation of licenses issued pursuant to this chapter.

(3) As used in this subsection, the term "promise to pay or rebate" means:

(a) granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured's premises; or

(b) paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason.

S.C. Code Ann. § 40-59-590

A home inspector is prohibited from engaging in real estate appraisal activity unless the inspector meets the requirements of Chapter 60. Further, a home inspector is prohibited from engaging in any real estate activity regulated under Chapter 57 unless the inspector meets the requirements of that chapter.

S.C. Code Ann. § 40-60-10

(A) There is created the South Carolina Real Estate Appraisers Board under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the real estate appraisal industry so as to protect the public's interest regarding real estate appraisal transactions.

(B) The South Carolina Real Estate Appraisers Board consists of eight members who must be residents of this State and appointed by the Governor with the advice and consent of the Senate and with consideration given to appropriate geographic representation and to areas of appraisal expertise as follows:

(1) One member must be a public member who may not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. The member from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45.

(2) One member must be a licensed real estate broker.

(3) One member must be actively engaged in mortgage lending, representing supervised financial institutions, who is not a real estate licensee or a real estate appraiser and who also must not be connected in any way with the brokerage of real estate, the appraisal of real estate, or the review of real estate appraisals.

(4) Four members must be licensed or certified appraisers, actively engaged in real estate appraisal for at least three years, one of whom must be a certified general appraiser and one of whom must be a certified residential appraiser. In appointing real estate appraisers to the board, the Governor, while not automatically excluding other appraisers, shall give preference to real estate appraisers whose primary source of income is derived from appraising real estate and not real estate brokerage.

(5) One member must represent an appraisal management company registered with the board.

(D) Members of the board are entitled to per diem, subsistence, and mileage as is provided by law for members of state boards, committees, and commissions.

(E) The board shall meet at least once each calendar quarter, or as often as necessary, and shall remain in session as long as the chairman considers it necessary to give full consideration to the business before the board.

(F) The board annually shall elect from its total membership a chairman, vice-chairman, and other officers the board determines necessary. The board may adopt an official seal and shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.

(G) A board member is required to attend meetings or to provide proper notice and justification of his or her inability to do so. The Governor may remove a member of the board pursuant to Section 1-3-240.

(H) Vacancies on the board must be filled for the unexpired portion of the term in the manner of the original appointment.

(I) In addition to the powers and duties provided in Section 40-1-70, the board may:

(1) determine the standards and qualifications for issuance of permits, licenses, and certifications;

(2) conduct disciplinary hearings on alleged violations of this chapter and regulations promulgated under this chapter and decide disciplinary actions as provided in this chapter for those found to be in violation;

(3) recommend changes in legislation and promulgate regulations pursuant to this chapter;

(4) approve and regulate educational courses, providers, and instructors;

(5) establish standards for real estate appraisals consistent with the standards recognized by the Appraisal Standards Board.

S.C. Code Ann. § 40-60-110

In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant or may take disciplinary action against an appraiser who:

(1) fails to meet the minimum qualifications for a license or certification established by or pursuant to this chapter;

(2) procures or attempts to procure a license or certification by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the board, or procures or attempts to procure a license or certification through fraud or misrepresentation;

(3) performs an act in the practice of real estate appraising that constitutes dishonest, fraudulent, or improper conduct;

(4) engages in the business of real estate appraising under an assumed or fictitious name;

(5) pays a finder's fee or a referral fee in connection with an appraisal of real estate or real property in this State;

(6) makes a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;

(7) violates the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;

(8) violates any of the standards for the development or communication of real estate appraisals as set forth in this chapter or regulations promulgated pursuant to this chapter;

(9) fails or refuses without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;

(10) exhibits negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;

(11) accepts an independent appraisal assignment or valuation assignment when the employment itself or fee to be paid was contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, opinion, or conclusion or upon the award, recovery, or consequences resulting from the appraisal assignment;

(12) fails to retain records in accordance with this chapter or regulations promulgated pursuant to this chapter;

(13) fails upon reasonable request of an investigator of the board to make all records required to be maintained under this chapter available to the board for inspection and copying by the board or fails to appear upon reasonable request for an interview with an investigator of the board;

(14) demonstrates bad faith, dishonesty, untrustworthiness, or incompetency to act as an appraiser in a manner so as to endanger the interests of the public;

(15) performs or attempts to perform any real estate appraisal activity on property located in another state without first having complied with that state's laws regarding real estate appraisal activity;

(16) performs or attempts to perform, if licensed or certified as a mass appraiser, any appraisal other than those for ad valorem tax purposes and directly related to the assessor office employment duties of the mass appraiser, unless assisting and supervised by a nonmass-certified appraiser;

(17) has been convicted of or pleaded guilty or nolo contendere to a felony relating to the practice of appraisal, banking, mortgage lending, or the provision of financial services, or a crime involving fraud or misrepresentation;

(18) fails to report to the department in writing by certified mail, within ten days, notice of conviction of a crime provided for in item (17);

(19) has had a license to practice a regulated profession or occupation in this State, another state or jurisdiction canceled, revoked, suspended, or otherwise disciplined;

(20) issues a check to the board that is returned for insufficient funds or closed account;

(21) fails to comply with or obey a final order of the board or has failed to comply with an order, subpoena, or directive of the board or department;

(22) violates any provision of this chapter or any regulation promulgated under this chapter;

(23) has knowingly performed an act that in any way assists an unlicensed person to practice;

(24) has failed to cooperate with an investigation or other proceeding of the board;

(25) has failed to appear before the board after receiving a formal notice to appear.

S.C. Code Ann. § 40-60-20

As used in this chapter unless the context requires otherwise:

(1) "Analysis" means a study of real estate or real property other than one estimating value.

(2) "Appraisal", as a noun, means the act or process of developing an opinion of value; as an adjective, "appraisal" means of or pertaining to appraising and related functions including, but not limited to, appraisal practice and appraisal services.

(3) "Appraisal assignment" or "valuation assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion that estimates the value of real estate.

(4) "Appraisal Foundation" means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois, containing the Appraisal Standards Board (ASB), Appraiser Qualifications Board (AQB), a board of trustees, and other advisory bodies.

(5) "Appraisal report" means any communication, written or oral, of an appraisal or appraisal review. The testimony of an individual dealing with the analyses, conclusions, or opinions concerning identified real estate or real property is considered to be an oral appraisal report.

(6) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended, as well as the Secretary of the Department of Housing and Urban Development, or the secretary's designee, under the Department of Housing and Urban Development Reform Act of 1989 (12 U.S.C. Section 1708(g)).

(7) "Appraiser" means a person who holds a license or certification issued by the board to perform valuation services competently and in a manner that is independent, impartial, and objective, and in accordance with all applicable laws.

(8) "Apprentice appraiser" means an individual who holds a credential issued by the board to assist a state-certified appraiser in the performance of an appraisal if the apprentice is actively supervised by the certified appraiser.

(9) "Board" means the South Carolina Real Estate Appraisers Board established pursuant to the provisions of this chapter.

(10) "Complex residential property appraisal" means one in which the property to be appraised, the form of ownership, or market conditions are atypical.

(11) "Federally related transaction" means any real estate-related financial transaction which a federal financial institution regulatory agency engages in, contracts for, or regulates and which requires the services of an appraiser.

(12) "Mass appraisal" means the process of valuing a universe of properties as of a given date using standard methodology, employing common data, and allowing for statistical testing.

(13) "Mass appraiser" means any appraiser who is employed in the office of a tax assessor to appraise real property for ad valorem tax purposes and who is licensed or certified as a mass appraiser.

(14) "Noncomplex residential property appraisal" means one in which the property to be appraised, the form of ownership, and market conditions are those which are typically found in the subject market.

(15) "Person" means an individual, corporation, partnership, or association, foreign and domestic.

(16) "Price" means the amount asked, offered, or paid for a property.

(17) "Real estate" means an identified parcel or tract of land including improvements, if any.

(18) "Real estate appraisal activity" means the act or process of performing an appraisal and preparing an appraisal report.

(19) "Real property" means the interests, benefits, and rights inherent in the ownership of real estate.

(20) "Residential appraisal" is an appraisal of a vacant or improved parcel of land that is devoted to or available for use as a one-to-four family abode including, but not limited to, a single-family home, apartment, or rooming house.

(21) "Standards of professional appraisal practice" or "USPAP" means the National Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation and adopted by the board.

(22) "State-certified general appraiser" means an appraiser authorized to engage in the appraisal of all types of real property.

(23) "State-certified general mass appraiser" means an appraiser authorized to engage in all types of real estate mass appraisal activity for ad valorem purposes.

(24) "State-certified residential appraiser" means an appraiser authorized to engage in the appraisal of one to four residential units without regard to transaction value or complexity and nonresidential appraisals with a transaction value less than five hundred thousand dollars.

(25) "State-certified residential mass appraiser" means an appraiser authorized to engage in the mass appraisal of one to four residential units without regard to value or complexity and nonresidential appraisals with a transaction value less than five hundred thousand dollars.

(26) "State-licensed appraiser" means an appraiser authorized to engage in the appraisal of noncomplex one to four residential units having a transaction value less than one million dollars and complex one to four residential units and nonresidential appraisals having a transaction value less than five hundred thousand dollars.

(27) "State-licensed mass appraiser" means an appraiser authorized to engage in the mass appraisal of noncomplex one to four residential units having a transaction value less than one million dollars and complex one to four residential units and nonresidential appraisals having a transaction value less than five hundred thousand dollars.

(28) "Timberland" means forestland that is producing or is capable of producing timber as a crop.

(29) "Valuation services" means the value of real estate or real property based on assignment instructions of the client in accordance with federal law or regulations.

(30) "Value" means the monetary relationship between properties and those who buy, sell, or use those properties, expressed as an opinion of the worth of the property at a given time.

S.C. Code Ann. § 40-60-30

It is unlawful for an individual to assume or use a title, designation, or abbreviation likely to create the impression that the person is a real estate appraiser or to engage in real estate appraisal activity or advertise as an appraiser without a valid license issued by the department. However, nothing in this chapter may be construed to apply to:

(1) A real estate licensee licensed in accordance with Chapter 57, Title 40 who performs valuation services of real estate for a client or customer on the condition that the valuation service is not referred to as an appraisal. In performing a valuation service, which federal law or regulation does not require a license or certified appraiser, the real estate licensee must disclose to the requesting party: "This valuation service may not be used for the purposes of obtaining financing in a federally related transaction.".

(2) A forester registered pursuant to Chapter 27, Title 48 who performs valuation services on standing or growing timber or timberland located in this State and issues a valuation service on the timber or timberland, as permitted by Chapter 27, Title 48 and Regulation 53-13. When a valuation service is to be used in a federally related transaction, the registered forester must be licensed or certified under this chapter if required by federal law or regulation.

(3) A person employed by a lender in the performance of valuation services, with respect to which federal law or regulations does not require a licensed or certified appraiser.

(4) A person, credentialed by this board in the performance of valuation services, with respect to which federal law or regulation does not require a licensed or certified appraiser.

S.C. Code Ann. § 40-60-320

For the purposes of this article:

(1) "Appraisal management company" or "AMC" means a person that:

(a) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates;

(b) provides such services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and

(c) within a given twelve-month period, oversees an appraiser panel or more than fifteen state-certified or state-licensed appraisers in a state or twenty-five or more state-certified or state-licensed appraisers in two or more states.

Notwithstanding the foregoing, an AMC does not include a department or division of an entity that provides appraisal management services only to that entity.

(2) "Appraisal management services" means one or more of the following:

(a) recruiting, selecting, and retaining appraisers;

(b) contracting with state-certified or state-licensed appraisers to perform appraisal assignments;

(c) managing the process of having an appraisal performed, including providing administrative duties, such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed; or

(d) reviewing and verifying the work of appraisers.

(3) "Appraiser panel" means a network, list, or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC. Appraisers on an AMC's "appraiser panel" under this section include both appraisers accepted by the AMC for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions and appraisers engaged by the AMC to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this item if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation.

(4) "Appraisal review" means the act, by a certified or licensed appraiser employed by an appraisal management company, of developing and communicating an opinion about the quality of work of another appraiser that was performed as part of an appraisal assignment. Appraisal review does not include:

(a) an examination by an unlicensed employee of an appraisal management company for an appraisal solely for grammatical errors, typographical errors, or other similar errors; or

(b) a quality control examination for completeness that does not make a valuation change.

(5) "Client" means a person or entity that contracts with, or otherwise enters into an agreement with, an appraisal management company for the purpose of real estate appraisal services.

(6) "Controlling person" means:

(a) an owner, officer, or director of a corporation, partnership, limited liability company, or other business entity that seeks to offer an appraisal management service in this State;

(b) an individual employed, appointed, or authorized by an appraisal management company authorized to enter a management agreement with certified or licensed appraisers, who are independent contractors, for the performance of real estate appraisal services; or

(c) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company.

(7) "Covered transaction" means any consumer credit transaction secured by a consumer's principal dwelling, which does not have to be a federally related transaction.

(8) "Independent contractor" means a person in a trade, business, or profession in which he offers his services to the general public, in which the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.

(9) "Real estate appraisal services" means the practice of developing an opinion of the value of real property in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) published by the Appraisal Foundation.

(10) "Payor" means a person or entity responsible for making payment for the appraisal.

S.C. Code Ann. § 40-60-330

(A)(1) A person may not directly or indirectly engage or attempt to engage in business as an appraisal management company, or directly or indirectly engage or attempt to perform appraisal management services, or advertise or hold himself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the board under the provisions of this chapter.

(2) To register as an appraisal management company, an applicant shall submit to the board an application on a form or forms prescribed by the board.

(B) The registration application required in subsection (A) must include:

(1) the name of the entity seeking registration;

(2) the business address of the entity seeking registration;

(3) contact information of the entity seeking registration;

(4) the name and contact information for the company's agent for service of process in this State if the entity seeking registration is not a corporation that is domiciled in this State;

(5) contact information for an individual, corporation, partnership, or other business entity that owns ten percent or more of the appraisal management company;

(6) the name, address, and contact information of a controlling person;

(7) certification that the entity seeking registration has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a certification or license in good standing in this State pursuant to the South Carolina Real Estate Appraisers Act;

(8) certification that the applicant has a system in place to review the work of all certified or licensed appraisers who are independent contractors and perform real estate appraisal services for the appraisal management company on a periodic basis to validate that the real estate appraisal services are being conducted pursuant to Uniform Standards of Professional Appraisals Practice;

(9) certification that the entity maintains a detailed record of each service request that it receives and the certified or licensed appraisers who are independent contractors and who perform the real estate appraisal services for the appraisal management company;

(10) an irrevocable consent to service of process;

(11) a surety bond in the amount of twenty-five thousand dollars on a surety bond form approved by the board, provided:

(a) the registration requirement provided in this item does not apply to an individual appraiser or an individual appraiser serving on an appraisal panel of an appraisal management company, and appraisal management companies are responsible for any cost of a surety bond as required by this item;

(b) surety bond claims may be filed by the claimant in accordance with the terms of the surety bond on a bond claim form approved by the board, provided claims are limited to actual damages and do not include attorney's fees or punitive damages incurred by the claimant; and

(c) all liability on a surety bond is applicable to the surety bond in effect as of the date of occurrence which gave rise to the liability;

(12) a criminal history background check, pursuant to Section 40-60-31(5), for each controlling person and any individual who owns more than ten percent of the appraisal management company. All costs associated with obtaining a criminal history background check shall be the responsibility of the regulated individual or entity; and

(13) certification that the person has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion, as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, 15 U.S.C. Section 1639e.

(C) A change of an entity's name, address, organizational status, or federal identification number must be reported to the department within fifteen days. Failure to do so may result in registration cancellation and the requirement of the new entity to submit an initial application and meet all requirements for registration.

(D) The board shall review and approve or deny the registration of an appraisal management company.

S.C. Code Ann. § 40-60-34

(A) The board shall prescribe the form of a license and certificate containing an identification number that the appraiser shall use when signing appraisal reports. When an appraiser advertises or executes contracts or other instruments, the appraiser's name, appraiser classification, and number assigned by the board must be printed or typed adjacent to the appraiser's signature.

(B) The apprentice appraiser performing appraisal work or seeking to establish experience for a state-licensed or state-certified designation shall:

(1) perform appraisal assignments only under the direct supervision of a state-certified appraiser;

(2) maintain, jointly with the supervising appraiser, a log containing the following for each assignment:

(a) type of property;

(b) date of report;

(d) description of work performed by the apprentice and scope of review and supervision of the supervising appraiser;

(e) number of actual work hours by the apprentice on the assignment; and

(f) signature and state certification number of the supervising appraiser with a separate appraisal log maintained for each supervising appraiser, if applicable;

(3) sign or be given credit in all appraisal reports for which the apprentice acts as an appraiser;

(4) maintain or have access to complete copies of all appraisals.

(C) The apprentice appraiser performing mass appraisal work seeking to establish credit for a licensed or certified mass appraiser designation shall:

(1) perform appraisal assignments only under the direct supervision of a state-certified residential or state-certified general real estate appraiser, mass or otherwise;

(2) maintain a log on a form provided by the board.

(D) The supervisory appraiser supervising an apprentice appraiser shall:

(1) personally review appraisal reports prepared by the apprentice and sign and certify the report as being independently and impartially prepared in compliance with the National USPAP and applicable statutory requirements;

(2) provide a copy or access to final appraisal documents to any participating apprentice;

(3) directly supervise no more than three apprentice appraisers at any one given time, unless board approval is received to supervise more than three apprentices subject to required progress monitoring as approved by the board;

(4) be certified for a minimum of three years and not subject to any disciplinary action within the immediately preceding three years that affects the supervisory appraiser's legal eligibility to engage in appraisal practice; and

(5) successfully complete a trainee/supervisor course conducted in compliance with Appraiser Qualifications Board requirements.

(E) The supervisory appraiser supervising an apprentice appraiser performing mass appraisal work shall personally review and approve all work performed by the apprentice to ensure that the work is prepared in compliance with the National USPAP and applicable statutory requirements.

(F) The board may issue to an appraiser who is licensed or certified in another state a temporary permit, which is only effective for one specific appraisal assignment. If the appraisal is not completed within six months from the date of the permit, the board may grant an extension upon request from the appraiser prior to the expiration of the current temporary permit. The appraiser shall place the following notation on all statements of qualification, contracts, or other instruments: "Practicing in the State of South Carolina under Temporary Permit No.".

(G) Licenses and certifications issued by the board expire biennially on June thirtieth. As a condition of renewal, an appraiser shall provide evidence satisfactory to the board of having met the continuing education requirements established by this chapter. An apprentice appraiser may maintain his license for five years before applying for an upgrade, provided continuing education requirements are satisfied biennially at renewal.

(H) Licenses and certifications not renewed by date of expiration are no longer valid but may be reinstated within twelve months after expiration upon proper application, payment of renewal fee, a late penalty, as established in the fee schedule, and proof of having met continuing education requirements as prescribed.

(I) A license or certification that has expired and has not been reinstated by the last day of the twelfth month following expiration must be canceled. Such a canceled license or certification may be considered for reinstatement as provided by the board in regulation.

(J) A license or certification may be placed on inactive status by informing the board in writing and must be renewed in the same manner as provided for active renewal. An expired or lapsed apprentice appraiser licensee can reapply for licensure if initial qualifying courses have been completed within five years of the application date.

(K) An appraiser must retain the work file for a period of at least five years after preparation or at least two years after the final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last. The work file must include the original or exact copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and commences on the date of delivery of each appraisal report to the client.

(L) An appraiser who has had a license or certification revoked by the board may not be issued a new license or certification within two years after the date of the revocation or at any time thereafter except upon an affirmative vote of a majority of the board.

S.C. Code Ann. § 40-60-410

An appraisal management company registered in this State pursuant to this article may not enter into contracts or agreements with a certified or licensed appraiser, who is an independent contractor, to perform a real estate appraisal service in this State unless the person performing the appraisal service is certified or licensed in good standing with the board.

S.C. Code Ann. § 40-60-420

An appraisal management company shall:

(1) maintain a detailed record of each service request that it receives for at least the latter of:

(a) five years after the date of service request; or

(b) two years after final disposition of a judicial proceeding in which the appraisal management company provided testimony related to an assignment; and

(2) have a policy that requires a certified or licensed appraiser who is an independent contractor and who performs a real estate appraisal service for the appraisal management company to maintain those records including, but not limited to, the work file, for at least the latter of:

(a) five years after preparation; or

(b) two years after the final disposition of a judicial proceeding in which the appraiser or the appraisal management company provided testimony related to the assignment.

S.C. Code Ann. § 40-60-430

A registered appraisal management company that requires a real estate appraiser to submit to a criminal background check as a condition of employment, contractual relationship, or access to an appraisal portal shall accept a criminal background check performed within the preceding twelve months if it substantially conforms to the criminal background checks of the company selected by the appraisal management company.

S.C. Code Ann. § 40-60-470

(A) In addition to the grounds for disciplinary action pursuant to Section 40-1-110, the board may discipline, publicly or privately reprimand, or fine an appraisal management company or suspend or revoke a registration issued under this article if, in the opinion of the board, an appraisal management company is attempting to perform, has performed, or has attempted to:

(1) commit an act in violation of this article;

(2) violate a rule or regulation adopted by the board in the interest of the public and consistent with the provisions of this article;

(3) procure a registration, license, or certification by fraud, misrepresentation, or deceit; or

(4) violate the South Carolina Real Estate Appraisers Act or the federal Financial Institutions Reform Recovery and Enforcement Act of 1989.

(B) In addition to the sanctions provided in Section 40-1-120, the board may impose a fine not to exceed ten thousand dollars for an initial violation and not to exceed twenty thousand dollars for subsequent violations and may require payment of investigative costs. A fine is payable immediately upon the effective date of discipline unless otherwise provided by the board. A registrant against whom a fine is levied is not eligible for reinstatement until the fine is paid in full.

(C) A decision by the board to publicly or privately reprimand, fine, revoke, suspend, or otherwise restrict a registrant or to limit or otherwise discipline a registrant becomes effective upon delivery of a copy of the decision to the registrant.

(D) Nothing in this section prevents a registrant from voluntarily entering into a consent agreement with the board in which a violation is not contested and a sanction is accepted.

S.C. Code Ann. § 40-60-5

(A) This chapter may be cited as the "South Carolina Real Estate Appraiser License and Certification Act".

(B) Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to real estate appraisers; however, if there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.

S.C. Code Ann. § 40-60-50

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspection, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.

(B) The board periodically shall transmit to the appraisal subcommittee as defined in Section 40-60-20(6), a roster of individuals who have become state licensed real estate appraisers and state certified real estate appraisers and shall collect and transmit any information or fees established under Public Law 101-73, Title XI, Real Estate Appraisal Reform Amendments. The board may collect a processing fee necessary to carry out its duties under this subsection.

(C) Initial fees must be established by the board in statute or regulation and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50 to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board.

(D) Application and license fees are payable to the department in advance and must accompany an application or proper documentation. Fees are nonrefundable.

S.C. Code § t15-ch3

South Carolina Code Title 15, Chapter 3 (2023) - Limitation Of Civil Actions :: 2023 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia

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                                2023 South Carolina Code of Laws

Title 15 - Civil Remedies and Procedures Chapter 3 - Limitation Of Civil Actions

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             Editor's Note

2021 Joint Resolution 39 (S.147), Sections 1 to 9, provide as follows: "SECTION 1. This joint resolution must be known and may be cited as the 'South Carolina COVID-19 Liability Immunity Act'. "SECTION 2. The General Assembly hereby finds and declares that providing businesses and health care providers with reasonable protections from the risk and expense of lawsuits related to actual, alleged, or feared exposure to or contraction of the coronavirus will help encourage them to reopen and remain open and will help to protect those who provided services or goods that were novel or altered in an effort to combat the coronavirus pandemic. Providing such immunity to businesses and health care providers that operate consistently with applicable public health guidance will help ameliorate the adverse impacts of a closed economy and the resulting unemployment. "SECTION 3. The following terms shall have the following meanings unless otherwise specified: "(1) 'Coronavirus claim' means any claim or cause of action arising from: "(a) an actual, alleged, or feared exposure to or contraction of coronavirus: "(i) from the premises of a covered entity; "(ii) from the operations, products, or services provided on-premises or off-premises for a covered entity; or "(iii) from the acts or omissions of a covered individual or covered entity, to include the delay or withholding of medical care for the treatment or diagnosis of the coronavirus; "(b)(i) the prescribing or dispensing of medicines for off-label use to attempt to combat the coronavirus; "(ii) the providing of health care services related to the coronavirus that are outside of a provider's professional scope of practice; or "(iii) the utilizing of equipment or supplies to combat or treat the coronavirus in a manner outside of the equipment's or supplies' normal use in medical practice or in the provision of health care services; or "(c) the manufacturing or donating of precautionary equipment or supplies, including personal protective equipment, due to shortages that occurred during the coronavirus pandemic. "(2) 'Coronavirus disease 2019' or 'coronavirus', commonly abbreviated as 'COVID-19', means the virus generally known as 'severe acute respiratory syndrome coronavirus 2', any mutation thereof, and any disease or condition caused by 'severe acute respiratory syndrome coronavirus 2'. "(3) 'Covered entity' means any of the following: "(a) any for-profit or not-for-profit business entity, organized in any form whatsoever; "(b) any South Carolina governmental agency, division, authority, board, commission, instrumentality, political subdivision, municipality, county, or other governmental entity; or "(c) any health care facility, as defined in Chapter 4, Title 44 of the South Carolina Code, and any health care provider, as defined in Chapter 4, Title 44 of the South Carolina Code. "(4) 'Covered individual' means any director, officer, employee, agent, contractor, third-party worker, or other representative of a covered entity. "(5) 'Public health guidance' means any applicable published guidance, directive, order, or rule provided by the South Carolina Occupational Safety and Health Administration, the South Carolina Department of Health and Environmental Control, or another state governmental entity, and federal guidance if referenced by state entities, that is applicable to the type of covered entity or covered individual at issue and to the coronavirus claim at issue. "SECTION 4. Notwithstanding any other provision of law, a covered entity or covered individual that reasonably adheres to public health guidance applicable at the time the conduct giving rise to a coronavirus claim occurs shall be entitled to immunity from liability for any acts or omissions resulting in a coronavirus claim. This immunity will not apply: "(1) for claims arising pursuant to SECTION 3(1)(b), if a claimant proves by a prepronderance of the evidence that the covered entity or covered individual caused the injury or damage by: "(a) grossly negligent, reckless, wilful, or intentional misconduct; or "(b) a failure to make any attempt to adhere to public health guidance; or "(2) for all other claims, if the claimant proves by clear and convincing evidence that the covered entity or covered individual caused the injury or damage by: "(a) grossly negligent, reckless, wilful, or intentional misconduct; or "(b) a failure to make any attempt to adhere to public health guidance. "SECTION 5. Nothing in this joint resolution shall be construed to preclude an insured's claim against an insurer's business interruption insurance policy. "SECTION 6. (A) Nothing in this joint resolution shall be construed to limit in any way any defense or right that exists under law, and the liability protection provided by this joint resolution is in addition to and cumulative of other defenses and rights that exist under law. "(B) Nothing in this joint resolution shall be construed to limit in any way any claim a claimant may have under the law against a covered entity or covered individual for liability as a result of acts or omissions that cause injuries, death, or damages other than from a coronavirus claim. "SECTION 7. The provisions of this joint resolution are severable. If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this joint resolution is for any reason held to be unconstitutional or invalid, then such holding shall not affect the constitutionality or validity of the remaining portions of the joint resolution, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. To the extent any provision of this joint resolution conflicts with any other law of this State, then the provisions of this joint resolution shall prevail. "SECTION 8. The provisions of this joint resolution do not apply to and do not exclude or limit any actions or remedies available under Title 42, commonly known as the South Carolina Workers' Compensation Law. "SECTION 9. This joint resolution takes effect upon approval by the Governor, and its provisions apply to all civil and administrative causes of action that arise between March 13, 2020, and June 30, 2021, or one hundred eighty days after the final state of emergency is lifted for COVID-19 in this State, whichever is later, and that are based upon facts that occurred during this time period."

                                            ARTICLE 1 General Provisions



                                                        Section 15-3-20. General rule as to time for commencement.




                                                        Section 15-3-30. Exceptions where defendant is out of State.




                                                        Section 15-3-40. Exceptions as to persons under disability.




                                                        Section 15-3-50. Disability must exist when right accrued.




                                                        Section 15-3-60. Effect of two or more disabilities.




                                                        Section 15-3-80. Suits by and against enemy aliens.




                                                        Section 15-3-90. Effect of reversal of judgment.




                                                        Section 15-3-100. Effect of stay of action by injunction or statutory prohibition.




                                                        Section 15-3-110. Limitations are not applicable to bills, notes or other evidences of debt of moneyed corporations.




                                                        Section 15-3-120. Effect of new promises in writing or part payments.




                                                        Section 15-3-130. Suits on causes saved from bar of statute by part payment or written acknowledgment.




                                                        Section 15-3-140. Contract provision shortening statutory period.




                                                        Section 15-3-150. No civil action for criminal conversation permitted.




                                            ARTICLE 2 Year 2000 Commerce Protection Act



                                                        Section 15-3-210. Short title.




                                                        Section 15-3-220. Legislative intent.




                                                        Section 15-3-230. Definitions.




                                                        Section 15-3-240. Who may recover losses; recovery limited to economic loss and attorney's fees; exceptions; frivolous claims.




                                                        Section 15-3-250. Claims pending prior to approval of this article.




                                                        Section 15-3-255. Contract provisions.




                                                        Section 15-3-260. Severability of provisions of this article.




                                            ARTICLE 3 Actions for Recovery of Real Property



                                                        Section 15-3-310. Action by State.




                                                        Section 15-3-320. Action by grantee from State.




                                                        Section 15-3-330. Action after State grants or patents have been declared void.




                                                        Section 15-3-340. Action by individual for recovery of real property.




                                                        Section 15-3-350. Action founded on title or for rents or services.




                                                        Section 15-3-360. Action after entry or accrual of right of entry.




                                                        Section 15-3-370. Persons under disability.




                                                        Section 15-3-380. Effect of forty-year lapse.




                                            ARTICLE 5 Actions Other Than for Recovery of Real Property



                                                        Section 15-3-510. General rule.




                                                        Section 15-3-520. Within twenty years.




                                                        Section 15-3-530. Three years.




                                                        Section 15-3-535. Limitation on actions commenced under Section 15-3-530(5).




                                                        Section 15-3-540. Three years.




                                                        Section 15-3-545. Actions for medical malpractice.




                                                        Section 15-3-550. Two years.




                                                        Section 15-3-555. Statute of limitations for action based on sexual abuse or incest.




                                                        Section 15-3-560. One year.




                                                        Section 15-3-570. Action for penalty.




                                                        Section 15-3-580. Actions by motor carriers for charges.




                                                        Section 15-3-590. Actions against motor carriers for overcharges.




                                                        Section 15-3-600. Action for other relief.




                                                        Section 15-3-610. Action upon current account.




                                                        Section 15-3-620. Actions by State.




                                                        Section 15-3-630. Actions against architects, professional engineers or contractors; definitions.




                                                        Section 15-3-640. Actions based upon defective or unsafe condition of improvement to real property; right to contract for guarantee of structure for extended period.




                                                        Section 15-3-660. Construction of Sections 15-3-640 through 15-3-670; extension of limitations periods.




                                                        Section 15-3-670. Circumstances in which limitations provided by Sections 15-3-640 through 15-3-660 are not available as defense.




                                                        Section 15-3-680. Construction of Sections 15-3-640 through 15-3-670; creation of causes of action not heretofore recognized; preclusion of causes of action accrued on May 12, 1986.




                                                        Section 15-3-690. Immunity from civil liability for liquefied petroleum gas dealers; definitions; scope.




                                                        Section 15-3-700. Immunity for property damage incurred in rescue from locked vehicle.














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S.C. Code § t24-ch3

South Carolina Code Title 24, Chapter 3 (2024) - State Prison System :: 2024 South Carolina Code of Laws :: U.S. Codes and Statutes :: U.S. Law :: Justia

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Title 24 - Corrections, Jails, Probations, Paroles and Pardons Chapter 3 - State Prison System

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             Effect of Amendment

The first 2010 amendment rewrote subsection (B)(2). The second 2010 amendment in subsection (A), in the third sentence, inserted "regional" and ", or municipal", and substituted "by some other entity" for "otherwise; and in the fourth sentence, inserted "or municipal chief administrative officer, or the equivalent,". The 2012 amendment removed "committing or attempting to commit a lewd act on a child;" from subsection (B)(2)(a).

                                            ARTICLE 1 Persons Confined, Employment



                                                        Section 24-3-20. Convicted persons, custody, place of confinement; work release and training program; litter removal; restitution program.




                                                        Section 24-3-27. Local regional correctional facilities; employment of inmates; service of warrants.




                                                        Section 24-3-30. Places of confinement, designation and exceptions; notification to Department when closing of local detention facility.




                                                        Section 24-3-40. Disposition of wages of prisoner allowed to work at paid employment.




                                                        Section 24-3-50. Failure to remain within extended limits of his confinement; penalty.




                                                        Section 24-3-60. Notice to Department of Corrections of number of prisoners sentenced to state prison system.




                                                        Section 24-3-70. Allowable expenses incurred in transportation of prisoners; method of payment.




                                                        Section 24-3-80. Detention of prisoner when authorized by Governor.




                                                        Section 24-3-81. Conjugal visits not permitted.




                                                        Section 24-3-85. Sexually violent predators transferred to custody pursuant to interagency agreements.




                                                        Section 24-3-90. Prisoners sentenced by United States authorities.




                                                        Section 24-3-93. Wearing of jewelry.




                                                        Section 24-3-110. Manufacture of license plates and road signs.




                                                        Section 24-3-130. Use of inmate labor on State highways or other public projects.




                                                        Section 24-3-131. Supervision of inmates used on public projects.




                                                        Section 24-3-140. Use of inmate labor on State House grounds.




                                                        Section 24-3-160. Costs of maintaining inmates by State institutions.




                                                        Section 24-3-170. Payments by Clemson University for use of inmates.




                                                        Section 24-3-180. Transportation and clothes for discharged inmates.




                                                        Section 24-3-190. Appropriation of balances for the Department.




                                                        Section 24-3-210. Furloughs for qualified inmates of State prison system.




                                                        Section 24-3-220. Inmate privileges; attending funeral service; visiting family member in the hospital; transportation; notification.




                                            ARTICLE 3 Prison Industries



                                                        Section 24-3-310. Declaration of intent.




                                                        Section 24-3-315. Determinations prerequisite to selecting prison industry program projects.




                                                        Section 24-3-320. Prison industries, purchase of equipment and materials, employment of personnel.




                                                        Section 24-3-330. Purchase of products produced by inmate labor by State and political subdivisions.




                                                        Section 24-3-340. Circumstances warranting State's purchasing products other than those produced by inmate labor.




                                                        Section 24-3-350. Dry-cleaning facilities.




                                                        Section 24-3-360. Catalogues describing products produced by inmate labor.




                                                        Section 24-3-370. Priority of product distribution.




                                                        Section 24-3-380. Prices of products.




                                                        Section 24-3-390. Rules and regulations.




                                                        Section 24-3-400. Prison Industries Account.




                                                        Section 24-3-410. Sale of prison made products on open market prohibited, exceptions; penalties.




                                                        Section 24-3-420. Violations.




                                                        Section 24-3-430. Inmate labor in private industry authorized; requirements and conditions.




                                            ARTICLE 5 Capital Punishment



                                                        Section 24-3-510. Death sentence and notice.




                                                        Section 24-3-520. Transportation of inmate sentenced to death.




                                                        Section 24-3-530. Death penalty; methods of execution.




                                                        Section 24-3-540. Death chamber; transporting inmate to place of execution, expenses.




                                                        Section 24-3-550. Witnesses at execution.




                                                        Section 24-3-560. Certification of execution.




                                                        Section 24-3-570. Disposition of body.




                                                        Section 24-3-580. Execution team and drugs used to administer death sentence confidential.




                                                        Section 24-3-590. Denial of license to execution team member prohibited.




                                            ARTICLE 7 Suppression of Disorders, Riots and the Like



                                                        Section 24-3-710. Conduct in state prison system.




                                                        Section 24-3-720. Enlisting aid of citizens to suppress prisoner riot, disorder or insurrection.




                                                        Section 24-3-730. Neglecting or refusing aid; fine.




                                                        Section 24-3-740. Compensation for assistance.




                                                        Section 24-3-750. Immunity.




                                                        Section 24-3-760. Powers of keeper in regard to disorders in absence of Director.




                                            ARTICLE 9 Miscellaneous Provisions



                                                        Section 24-3-910. Penitentiary employee aiding in escape; penalty.




                                                        Section 24-3-920. Capture of escaped inmates, rewards.




                                                        Section 24-3-930. Guards, keepers, and other employees exempt from jury, military, or street duty.




                                                        Section 24-3-940. Gambling prohibited.




                                                        Section 24-3-950. Contraband.




                                                        Section 24-3-951. Possession or use of United States currency by prisoners prohibited; exceptions; system of credits.




                                                        Section 24-3-960. Unlawful possession of money by prisoner is contraband; use in welfare fund.




                                                        Section 24-3-965. Certain offenses relating to contraband tried in magistrate's court.




                                                        Section 24-3-970. Use of a social networking site by an inmate to contact a victim; penalty.




                                                        Section 24-3-980. Possession of telecommunication devices prohibited; penalties.














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S.C. Code § t30-ch4

South Carolina Code Title 30, Chapter 4 (2023) - Freedom Of Information Act :: 2023 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia

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Title 30 - Public Records Chapter 4 - Freedom Of Information Act

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                                                        Section 30-4-10. Short title.




                                                        Section 30-4-15. Findings and purpose.




                                                        Section 30-4-20. Definitions.




                                                        Section 30-4-30. Right to inspect or copy public records; fees; notification as to public availability of records; presumption upon failure to give notice; records to be available when requestor appears in person.




                                                        Section 30-4-40. Matters exempt from disclosure.




                                                        Section 30-4-45. Information concerning safeguards and off-site consequence analyses; regulation of access; vulnerable zone defined.




                                                        Section 30-4-50. Certain matters declared public information; use of information for commercial solicitation prohibited.




                                                        Section 30-4-55. Disclosure of fiscal impact on public bodies offering economic incentives to business; cost-benefit analysis required.




                                                        Section 30-4-60. Meetings of public bodies shall be open.




                                                        Section 30-4-65. Cabinet meetings subject to chapter provisions; cabinet defined.




                                                        Section 30-4-70. Meetings which may be closed; procedure; circumvention of chapter; disruption of meeting; executive sessions of General Assembly.




                                                        Section 30-4-80. Notice of meetings of public bodies.




                                                        Section 30-4-90. Minutes of meetings of public bodies.




                                                        Section 30-4-100. Injunctive relief; costs and attorney's fees.




                                                        Section 30-4-110. Hearings regarding disclosure; appropriate relief; civil fine for violation.




                                                        Section 30-4-160. Sale of Social Security number or driver's license photograph or signature.




                                                        Section 30-4-165. Privacy of driver's license information.














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S.C. Code § t41-ch3

South Carolina Code Title 41, Chapter 3 (2024) - Department And Director Of Labor, Licensing, And Regulation :: 2024 South Carolina Code of Laws :: U.S. Codes and Statutes :: U.S. Law :: Justia

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             Effect of Amendment

The 1993 amendment substituted this section for one which read: "A Department of Labor is hereby created and established under the supervision and direction of a commissioner to be known as the Commissioner of Labor. The Commissioner shall have charge of the administration of the Department of Labor and the enforcement of all rules and regulations which it is the duty of the Department to administer and enforce and shall direct all inspections and investigations except as otherwise provided". The 2010 amendment deleted the first sentence, relating to the creation of the Division of Labor.

                                            ARTICLE 1 General Provisions



                                                        Section 41-3-10. Director of department appointed by Governor; department to promulgate and enforce regulations.




                                                        Section 41-3-20. Repealed by 1993 Act No. 181, Section 1617(B), eff February 1, 1994.




                                                        Section 41-3-30. Employees.




                                                        Section 41-3-40. Promulgation of regulations by director.




                                                        Section 41-3-50. Inspections of work places, sites, or areas.




                                                        Section 41-3-55. Determination of liability for violations at sites involving multiple employers or contractors.




                                                        Section 41-3-60. Enforcement of labor and employment laws; appointment and duties of inspectors and assistants.




                                                        Section 41-3-70. Representatives of employer and employees may accompany inspectors.




                                                        Section 41-3-80. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.




                                                        Section 41-3-100. Furnishing of blanks and forms.




                                                        Section 41-3-110. Powers of director generally.




                                                        Section 41-3-120. Enforcement.




                                                        Section 41-3-130. Solicitors and prosecuting attorneys shall prosecute violations.




                                                        Section 41-3-140. Penalties for impeding director in performance of his duties.




                                            ARTICLE 5 Migrant Labor Subdivision [Repealed]



                                                        Section 41-3-510 to 41-3-540. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.




                                            ARTICLE 6 Certain Terms Deemed to Have Certain Meanings



                                                        Section 41-3-610. Commissioner of Labor to mean Director of Department of Labor, Licensing and Regulation; Department of Labor to mean Division of Labor; division to mean subdivision; contested matters appealable to administrative law judge.














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S.C. Code § t47-ch2

South Carolina Code Title 47, Chapter 2 (2023) - Large Wild Cats, Non-native Bears And Great Apes :: 2023 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia

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                                                        Section 47-2-10. Definitions.




                                                        Section 47-2-20. Application of chapter.




                                                        Section 47-2-30. Possession or purchase of large wild cat, non-native bear, or great ape prohibited; exceptions; registration.




                                                        Section 47-2-40. Animal control authority authorized to confiscate a large wild cat, non-native bear, or great ape.




                                                        Section 47-2-50. Adoption of ordinances.




                                                        Section 47-2-60. Enforcement of chapter.




                                                        Section 47-2-70. Penalties.














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S.C. Code § t47-ch4

South Carolina Code Title 47, Chapter 4 (2023) - State Livestock-poultry Health Commission :: 2023 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia

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Title 47 - Animals, Livestock and Poultry Chapter 4 - State Livestock-poultry Health Commission

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                                                        Section 47-4-10. Purpose; membership.




                                                        Section 47-4-20. Definitions.




                                                        Section 47-4-30. Promulgation and enforcement of rules and regulations; permitted operations.




                                                        Section 47-4-40. Delegation of duties to director.




                                                        Section 47-4-50. Promulgation of regulations listing diseases; reporting suspected existence of disease.




                                                        Section 47-4-60. Certificate of veterinary inspection; requirement for out-of-state livestock or poultry; quarantine of uncertified animals; exceptions.




                                                        Section 47-4-65. Transport of live swine without identification prohibited.




                                                        Section 47-4-70. Quarantine of livestock or poultry; violation; penalty; segregation of animals; liens; abandoned animals.




                                                        Section 47-4-80. Condemned and destroyed livestock or poultry; indemnification of owner.




                                                        Section 47-4-90. Stop of livestock transport to check for proper documentation.




                                                        Section 47-4-100. Penalty for illegal transportation of livestock or poultry; civil liability.




                                                        Section 47-4-110. Police power of commission members and agents; livestock law enforcement officers; employment, removal, duties; bond.




                                                        Section 47-4-120. Inhibition of livestock inspection; penalty.




                                                        Section 47-4-130. Violation of provision of Title 47 is a misdemeanor; penalties; enforcement of commission regulations in court.




                                                        Section 47-4-140. Disposition of fines and fees.




                                                        Section 47-4-150. Advisory committees.




                                                        Section 47-4-160. Livestock and poultry regulation; local laws and ordinances preempted; exceptions.




                                                        Section 47-4-170. Confidential information; exemptions.














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S.C. Code § t61-ch4

South Carolina Code Title 61, Chapter 4 (2024) - Beer, Ale, Porter, And Wine :: 2024 South Carolina Code of Laws :: U.S. Codes and Statutes :: U.S. Law :: Justia

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                                2024 South Carolina Code of Laws

Title 61 - Alcohol and Alcoholic Beverages Chapter 4 - Beer, Ale, Porter, And Wine

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             Effect of Amendment

2024 Act No. 211, Section 1, added (D).

                                            ARTICLE 1 General Provisions



                                                        Section 61-4-10. Nonalcoholic beverages defined.




                                                        Section 61-4-20. Sales without taxes levied.




                                                        Section 61-4-30. Cash sales.




                                                        Section 61-4-40. Credit sales prohibited.




                                                        Section 61-4-50. Sales to underage persons.




                                                        Section 61-4-60. False information about age.




                                                        Section 61-4-70. Posting signs.




                                                        Section 61-4-80. Purchase of beer or wine for a person to whom it cannot lawfully be sold.




                                                        Section 61-4-90. Transfer of beer or wine for underage person's consumption.




                                                        Section 61-4-100. Criminal charges brought against both seller and purchaser.




                                                        Section 61-4-110. Open containers in motor vehicle.




                                                        Section 61-4-120. Sunday sales; exception.




                                                        Section 61-4-130. Seizure of contraband beer or wine; retention of possession upon posting of cash bond; forfeiture of bond.




                                                        Section 61-4-140. Open containers on Sundays.




                                                        Section 61-4-150. Sales by unlicensed persons.




                                                        Section 61-4-160. Discount pricing for on-premises consumption.




                                                        Section 61-4-170. Beverages resembling vegetable, fruit, or soft drinks.




                                                        Section 61-4-180. Labeling.




                                                        Section 61-4-190. Warrants for unpaid penalties.




                                                        Section 61-4-200. Transfers of beer or wine.




                                                        Section 61-4-210. Temporary retail permits.




                                                        Section 61-4-220. Food service.




                                                        Section 61-4-230. Refusal to permit inspection.




                                                        Section 61-4-240. Temporary possession, consumption, or sale permits.




                                                        Section 61-4-250. Penalties.




                                                        Section 61-4-260. Monies received.




                                                        Section 61-4-270. Revocation of permits.




                                            ARTICLE 3 Producers and Wholesalers of Beer and Wine



                                                        Section 61-4-300. "Producer" defined.




                                                        Section 61-4-310. Certificate of registration.




                                                        Section 61-4-320. Suspension or revocation of certificate of registration.




                                                        Section 61-4-330. Books and records audit.




                                                        Section 61-4-340. Shipping; brand registration.




                                                        Section 61-4-350. Seizure and sale of contraband beer or wine.




                                                        Section 61-4-360. Samples of wine.




                                            ARTICLE 5 Permits for Sales



                                                        Section 61-4-500. Applications.




                                                        Section 61-4-510. Special retail beer and wine permits.




                                                        Section 61-4-515. Motorsports entertainment, tennis, soccer, or baseball complex, permit for purchase and sale for on-premises consumption.




                                                        Section 61-4-520. Retail permits; requirements.




                                                        Section 61-4-525. Protests against issuance or renewal of permit; attendance at hearing; court costs; penalties.




                                                        Section 61-4-530. "Dry" political subdivisions in neighboring states.




                                                        Section 61-4-540. Issuance of permits; bonds.




                                                        Section 61-4-550. Special permits for use at fairs and special functions.




                                                        Section 61-4-560. Operation without a permit.




                                                        Section 61-4-570. Wine service for consumption on premises.




                                                        Section 61-4-580. Prohibited acts.




                                                        Section 61-4-590. Revocation or suspension of permits; department investigation and determination.




                                                        Section 61-4-600. Surrender of license.




                                                        Section 61-4-610. Unlawful sales.




                                                        Section 61-4-620. Permits for retail sale of beer and wine; Sunday sales permitted when establishment closes on Saturday for religious reasons.




                                                        Section 61-4-630. Sunday sales.




                                            ARTICLE 7 Provisions Affecting Wine Only



                                                        Section 61-4-700. Wine labeling.




                                                        Section 61-4-710. Labels, standards, and identity.




                                                        Section 61-4-720. Sale of wine by winery located in state; wine tastings.




                                                        Section 61-4-725. Wine sales by temporary permit; authorized hours.




                                                        Section 61-4-730. Sales by permitted wineries.




                                                        Section 61-4-735. Regulation of practices between wine manufacturers, importers, wholesalers, and retailers.




                                                        Section 61-4-736. Coupons and rebates for the purchase of wine.




                                                        Section 61-4-737. Wine tastings.




                                                        Section 61-4-740. Special orders for out-of-state wine.




                                                        Section 61-4-745. Transporting into and out of State for personal consumption; limits; labeling.




                                                        Section 61-4-747. Direct shipment to residents for personal consumption; licensing of out-of-state shippers; penalties.




                                                        Section 61-4-748. Certain wineries eligible for satellite location certificates.




                                                        Section 61-4-750. Adulterated wine.




                                                        Section 61-4-760. Inspection of out-of-state wine; wine packages.




                                                        Section 61-4-770. Wines containing more than sixteen and one-half percent alcohol.




                                                        Section 61-4-780. Penalties.




                                            ARTICLE 9 Provisions Affecting Beer Only



                                                        Section 61-4-900. Posting of retail permit.




                                                        Section 61-4-910. Penalties; revocation or suspension of permit.




                                                        Section 61-4-920. Penalties for violation of rule or regulation.




                                                        Section 61-4-930. Wholesaler advertising.




                                                        Section 61-4-940. Practices between manufacturer, wholesaler, and retailer.




                                                        Section 61-4-942. Distribution agreements; prohibited acts.




                                                        Section 61-4-945. Coupons and rebates for the purchase of beer.




                                                        Section 61-4-950. Beer signs.




                                                        Section 61-4-960. Retailers of beer for off-premises consumption, beer tastings; penalties.




                                            ARTICLE 11 Beer Wholesaler Franchise



                                                        Section 61-4-1100. Prohibited practices.




                                                        Section 61-4-1110. Shipment and receipt of malt beverages.




                                                        Section 61-4-1115. Assignment of territory of beer brands binding on successor producer or primary American source of supply.




                                                        Section 61-4-1120. Jurisdiction of court to enjoin cancellation or termination.




                                                        Section 61-4-1130. Sale of beer wholesale interest.




                                                        Section 61-4-1140. Enforcement.




                                            ARTICLE 13 Territorial Restrictions; Distribution Agreements



                                                        Section 61-4-1300. Territorial agreements.




                                                        Section 61-4-1310. Filings with the department.




                                                        Section 61-4-1320. Resale price agreements.




                                            ARTICLE 15 Construction and Operation of Breweries and Wineries



                                                        Section 61-4-1500. Breweries and wineries.




                                                        Section 61-4-1510. Permit applications.




                                                        Section 61-4-1515. Breweries; sales of beer for on- and off-premises consumption; penalties.




                                                        Section 61-4-1520. Violation of rule or regulation.




                                                        Section 61-4-1530. Operation of brewery or winery without permit.




                                                        Section 61-4-1540. Adoption of Chapter 21 of Title 12.




                                            ARTICLE 17 Brewpubs



                                                        Section 61-4-1700. Definitions.




                                                        Section 61-4-1710. Permits.




                                                        Section 61-4-1720. Permit in lieu of certain other permits.




                                                        Section 61-4-1730. Taxation.




                                                        Section 61-4-1740. Authority of permittee.




                                                        Section 61-4-1750. Compliance with DHEC rules and regulations.




                                                        Section 61-4-1760. Off-premises sales or shipment.




                                                        Section 61-4-1770. Suspension or revocation of permit.




                                            ARTICLE 19 Keg Registration



                                                        Section 61-4-1910. Definitions.




                                                        Section 61-4-1920. Keg registration requirements; underage transfer statement; returned kegs; deposit.




                                                        Section 61-4-1930. Possession of untagged keg; penalty.




                                                        Section 61-4-1940. Removal or alteration of tag; penalty.














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S.C. Code § t9-ch4

South Carolina Code Title 9, Chapter 4 (2023) - South Carolina Public Employee Benefit Authority :: 2023 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia

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                                            ARTICLE 1 General Provisions



                                                        Section 9-4-10. Authority established; board; composition, term, chair, compensation, and meetings; transfers of authority; executive director; fiduciary duty; personal liability.




                                                        Section 9-4-15. Obligation to defend and indemnify.




                                                        Section 9-4-30. Retirement division.




                                                        Section 9-4-40. Audit.




                                                        Section 9-4-50. Transaction register of all funds expended.














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