Seller Property Disclosure in Columbia SC: What You Have to Tell Buyers
If you are selling a house, the seller property disclosure in Columbia SC is not optional paperwork. For most 1 to 4 unit homes, South Carolina law has you fill out a Residential Property Condition Disclosure Statement and hand it to the buyer before the contract is signed. It covers what you know about the house, not what an inspector might find. If something changes before closing, you update it or you fix the problem.
Why I tell sellers this up front I have walked a lot of sellers through this form at the kitchen table. The ones who get stressed are almost never hiding anything. They just did not know the form was coming, and they did not remember the water stain from 2019, or when the HVAC was installed because it was before their ownership. And that is ok, we can always do the recommended pre-inspection and get those answers as well as many more that you just may not have known about.
What is the seller property disclosure in South Carolina?
It is a written statement, required under the South Carolina Residential Property Condition Disclosure Act, SC Code 27-50-10 and following. You answer questions about the home. Roof, plumbing, electrical, foundation, water intrusion, pests, and so on.
The key word is "known." You tell the buyer what you actually know. You are not guessing or making assumptions.
The buyer gets it before they sign. Not at closing and not after the inspection. Before they put in an offer. This way they are fully informed about what you know of your own home.
Which sellers are exempt from the disclosure form?
Not everybody has to do it. The Act covers 1 to 4 unit residential property. These transfers are generally exempt:
Foreclosures Estates and court ordered transfers Transfers between relatives The first sale of new construction
If you inherited the house and you are selling it as the estate, that is the one I get asked about the most. Exempt does not mean the buyer stops asking questions, though. Expect them to ask anyway, and be ready to answer honestly. If you do not know since it was an inherited property, then you are legally allowed to check the "No Representation" box.
There are a lot of Rental Investors that own property and put the option of "No Representation" and they are not legally covered in that section. Investors, especially with property management companies running the rentals, do in fact know about the issues. They are informed of any needs the tenants have of hvac breaking down, roof leaks, plumbing problems, etc. They are legally required to disclose what they have done or paid for and have also done their own inspections prior to purchasing. The investors that renovate homes know what they walked into as they have done their own inspections and having this done to the property to update it. They are also required and sometimes hide behind the "No Representation" option as they have not lived there. That is also NOT an exempt option to use in that situation.
What do sellers actually have to disclose?
Think about anything you know that affects the condition or value of the house. Here is the checklist I give sellers before we list:
Roof leaks, past or present, even if you patched them Water in the crawl space or basement Termite or wood infestation history, treatments, and bonds Foundation cracks or settling Plumbing or electrical problems, and who fixed them HVAC age and any repairs Drainage issues in the yard, especially near Lake Murray, Downtown Columbia, and low lots Additions or finished spaces done without a permit
If you are not sure, write down what you do know and say you are not sure. Do not leave it blank and hope. And if you want to make sure you are legally covered, speak with an attorney as well. I can connect you with many options.
What if something changes before closing?
This catches people. The form is not a one time snapshot. If something changes between the day you hand it over and closing day, you have to give the buyer an updated statement, a legal notification of the issue, or make the repair.
A storm takes a few shingles. The dishwasher floods the floor during a showing week. You find out the hot water heater is leaking. That all counts.
Call me the day it happens. Not the day before closing. Then we decide whether to repair it, update the form, or talk with the buyer's agent about a credit. I had an issue where the air handler went out after the end of due diligence, and the buyer waived inspections, my clients let me know as they were still living in the home. We worked through the issue, had it handled by calling my preferred HVAC company (shout out to White Knoll Heating and Cooling for saving the day) and after a few quotes and knowing what they needed to have replaced, rather than trying to scoot by with a quick bandaid, we informed the buyer that it would be replaced that week. The buyer was very thankful that we were being proactive. In reality, it was the seller's duty to have this done. Anything that happens to the home during ownership until after closing, is still their responsibility.
What if I do not know about a problem?
Then you are not hiding it. The form asks what you know, and you answer that honestly. That said, the buyer will still do an inspection, and the CL100 wood infestation report is standard here in South Carolina. So alot of what you do not know comes out anyway.
The sellers who get into trouble are the ones who knew and stayed quiet. A fix that costs $400 before listing can cost thousands in a renegotiation, or worse, a dispute after closing.
Seller property disclosure FAQ
These are the questions I hear most from Midlands sellers.
Do I have to fill out a disclosure form to sell a house in South Carolina? For most 1 to 4 unit homes, yes. Foreclosures, estates and court transfers, transfers between relatives, and first sales of new construction are generally exempt. If you are not sure which bucket you are in, ask your attorney.
When does the buyer get the disclosure? Before the contract is signed. That is why I like to have it done before we ever list, so that way it is included in the MLS and buyers and their agents can review before setting up a showing.
Can the buyer back out because of something on the form? It depends on your contract and the inspection period. Honest disclosure up front usually makes the conversation easier, not harder. Buyers get nervous about surprises more than about problems.
Do I have to disclose a repair I already fixed? Legally, No. But I recommend it. Tell them what was wrong and what was done. Keep the receipt or the invoice. A documented fix reads a lot better than a mystery patch. And it shows the buyer that you took care of your home and were proactive in keeping it in great condition. It is your way of touting you rock as a homeowner.
Who can help me fill it out? I break it down with my sellers all the time. But I cannot fill it out for you. And know, if I see something that is a current issue, I legally have to disclose it as well. Your closing attorney can answer legal questions. I am not your attorney or your CPA. Run this by your closing attorney before you count on it.
My take Honest and complete beats short and clean every time. The form is not there to scare buyers off. It is there so nobody is surprised at the closing table, and that protects you as much as them.
If you are thinking about selling in Columbia, Lexington, or around Lake Murray, give me a call or text and we will go through the form together before you list.
Courtney McCullough, Pawmetto Homes Team at Tzedi Co Realty. 803-307-7788.
