State guide

Buying or Selling a Home in South Carolina: What You Need to Know

South Carolina is an attorney-state, which means a licensed South Carolina lawyer must oversee every residential closing — adding legal protection and a non-negotiable fee to your costs.

Are you buying or selling?

TL;DR

South Carolina is an attorney-state, which means a licensed South Carolina lawyer must oversee every residential closing — adding legal protection and a non-negotiable fee to your costs. Sellers must complete a Residential Property Condition Disclosure form before the contract is signed, and homes near the coast or inside an HOA carry extra paperwork. Since the August 2024 industry-wide settlement, buyers and their agents must sign a written representation agreement that spells out the agent's compensation before they tour a single home.

10 things every South Carolina buyer or seller should know

  • South Carolina is an attorney-state, which means a licensed South Carolina lawyer must oversee the title work, prepare the deed and closing documents, and disburse the funds at every residential closing. Title companies can issue title insurance and help with paperwork, but they cannot conduct a closing on their own. Expect to see an attorney fee on your settlement statement whether you are buying or selling.

  • Sellers of one-to-four-unit South Carolina homes must give the buyer a written Residential Property Condition Disclosure Statement before the buyer is bound by a contract. The form covers the roof, foundation, plumbing, electrical, heating and cooling, water source, septic, and any known defects. If the seller delivers it late, the buyer has three business days from receipt to cancel the contract in writing.

  • Since the NAR settlement took effect on August 17, 2024, buyers working with a South Carolina agent must sign a written buyer representation agreement before touring any home — in-person or virtual. The agreement must list a specific dollar amount or percentage for the agent's compensation; open-ended or 'to be determined' language is not allowed.

  • South Carolina's agency law (BRRETA) requires your real estate licensee to give you the state's official agency disclosure brochure at the first substantive contact — meaning the first time you discuss a specific property or your finances. The brochure explains seller agency, buyer agency, dual agency, and transaction brokerage so both buyers and sellers know who is working for whom.

  • South Carolina charges a deed recording tax — often called 'deed stamps' — of $1.85 per $500 of the sale price in most counties (a $1.30 state share plus a $0.55 county share). On a $300,000 sale that totals about $1,110. By long-standing custom the seller pays the deed stamps at closing, though the contract can shift this cost.

  • Sellers who are not South Carolina residents for state income tax purposes face mandatory withholding at closing: 7% of the gain for individuals and 5% of the gain for corporations, partnerships, and LLCs. The closing attorney withholds that amount from the seller's proceeds and remits it to the South Carolina Department of Revenue, so out-of-state owners cannot avoid state tax on the gain.

  • South Carolina coastal homes carry extra disclosure obligations. The Residential Property Condition Disclosure Statement asks whether the property is in a floodplain, flood zone, or coastal zone regulated by the state's Office of Ocean and Coastal Resource Management (OCRM). Properties seaward of the OCRM baseline can have strict limits on rebuilding beaches, dunes, and tidal wetlands.

  • When a South Carolina home is part of a homeowners association, the seller must give the buyer the HOA's covenants, bylaws, current rules, latest budget, fee schedule, any pending special assessments, and notice of any ongoing association lawsuits before or at closing. These documents reveal what you can and cannot do with the property and what dues you will owe.

  • Real estate commissions in South Carolina are always negotiable — federal antitrust law forbids brokers and agents from agreeing on a 'standard' or minimum rate. Whether you are paying a buyer's agent under the new written-agreement rule or paying a listing agent to sell, the percentage or dollar amount is something you negotiate, not a fixed price.

  • Federal law requires sellers of any South Carolina home built before 1978 to give the buyer a signed Lead-Based Paint Disclosure form, the EPA pamphlet 'Protect Your Family from Lead in Your Home,' and any lead inspection records the seller has. Buyers also get a 10-day window to test the home for lead-based paint unless they waive it in writing.

The guides

Common questions

Do I really need an attorney to close on a home in South Carolina?
Yes. South Carolina law requires a licensed South Carolina attorney to handle the title work, prepare the deed and closing documents, and disburse closing funds at every residential closing. Title companies and lenders can be involved, but the attorney must oversee the closing. Plan for an attorney fee on your settlement statement whether you are buying or selling.
Do I have to sign a contract with a real estate agent before I can tour homes in South Carolina?
In most cases, yes. After the August 17, 2024 NAR settlement, South Carolina agents affiliated with MLS-member brokerages must have a written buyer representation agreement in place before showing you any home, including virtual tours. The agreement has to state a specific dollar amount or percentage for the agent's compensation, so read it carefully and negotiate before you sign.
What do I have to disclose about my home's condition when I sell in South Carolina?
Sellers of one-to-four-unit South Carolina homes must complete the state's Residential Property Condition Disclosure Statement and give it to the buyer before the contract is signed. The form asks about the roof, foundation, plumbing, electrical, heating and cooling, water source, septic, environmental hazards, and known defects. You are not required to inspect the home, but you must answer truthfully based on what you actually know.
Are real estate commissions negotiable in South Carolina?
Yes — always. Federal antitrust law treats commissions as something each broker sets independently, and brokers are not allowed to agree among themselves on a standard or minimum rate. Both buyers (in the new written buyer representation agreement) and sellers (in the listing agreement) can negotiate the percentage or dollar amount their agent will earn.
Who pays the deed stamps (transfer tax) when a South Carolina home sells?
By long-standing custom in South Carolina, the seller pays the deed recording tax, also known as deed stamps. The combined state and county rate is $1.85 per $500 of the sale price in most counties — so a $300,000 sale costs about $1,110 in deed stamps. The contract can shift this cost to the buyer, but the default is seller-paid.
I live out of state — will South Carolina hold back taxes from my sale?
Yes. If you are not a South Carolina resident for state income tax purposes, the closing attorney is required to withhold 7% of your gain (5% for corporations, partnerships, or LLCs) and remit it to the South Carolina Department of Revenue. You reconcile the withholding when you file your South Carolina nonresident return for the year of the sale.
What extra disclosures apply if I'm buying a coastal home in South Carolina?
The Residential Property Condition Disclosure Statement asks the seller whether the home sits in a floodplain, flood zone, or coastal zone regulated by the state's Office of Ocean and Coastal Resource Management (OCRM). Coastal homes seaward of the OCRM baseline can have strict limits on rebuilding, so request any OCRM permits and confirm flood-zone status with the local floodplain administrator before you remove your due diligence contingency.
What is dual agency and can my agent represent the buyer and seller at the same time?
Dual agency is when one licensee — or one brokerage firm — represents both the buyer and the seller in the same deal. South Carolina permits it, but only if both parties receive a clear written explanation of how the agent's loyalty and confidentiality duties change, and both parties sign their consent before the relationship begins. You can refuse dual agency and ask for separate representation.
Can I cancel the contract if the seller gives me the South Carolina disclosure form too late?
Yes. If a South Carolina seller delivers the Residential Property Condition Disclosure Statement after you have already signed the purchase contract, you have three business days from the date you receive the form to rescind the contract in writing. Earnest money typically comes back to the buyer when the contract is cancelled inside that three-day window.
Will I see buyer-agent commissions advertised on the MLS anymore?
No. After the August 2024 NAR settlement, South Carolina MLS systems (including Consolidated MLS in Columbia, Charleston Trident MLS, and Coastal Carolinas MLS) can no longer display offers of buyer-broker compensation. Sellers can still offer concessions in the purchase contract that a buyer may apply toward their agent's pay, but those terms are negotiated deal by deal.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.