South Carolina guide

South Carolina Buyer Agency Agreement Requirements Post-NAR Settlement (August 2024)

Q: Do I really have to sign something before I can even tour a house in South Carolina?

Yes. Since August 17, 2024, the NAR settlement requires a written buyer agency agreement before any MLS-connected agent can tour a property with you. That applies to virtual tours too, not just in-person showings.

Q: Can the seller still pay my agent's commission?

Yes — but it doesn't happen automatically through the MLS anymore. You ask the seller to cover all or part of it as part of your offer, and if they agree, it gets written into the purchase contract under the NAR settlement rules.

Q: What happens if an agent shows me a house without a signed agreement?

They're violating the MLS participation rules under the NAR settlement and potentially South Carolina real estate regulations on written compensation disclosure. If an agent suggests skipping the paperwork, that's a sign to find another agent.

In South Carolina, you'll sign a written buyer agency agreement with your agent before they can show you any homes — including virtual tours.

TL;DR

In South Carolina, you'll sign a written buyer agency agreement with your agent before they can show you any homes — including virtual tours. This rule took effect August 17, 2024 after a national settlement, and the agreement has to spell out exactly how much your agent gets paid in a specific dollar amount or percentage. You can still ask the seller to chip in on your agent's commission, but that gets negotiated separately when you make an offer, not posted on the listing.

Before you start — 8 things to know

You'll sign a written buyer agency agreement with your South Carolina agent before they take you on any home tour — in person or virtual. This became a nationwide rule on August 17, 2024 after the settlement.
The agreement has to state your agent's pay as a specific number — like a percentage of the purchase price or a flat fee. Vague phrasing like 'to be determined' or 'whatever the seller is offering' isn't allowed anymore under the settlement.
The agreement also locks in how long it lasts, what geographic area it covers, and what duties your agent owes you. South Carolina's real estate commission already required these duties to be disclosed in writing — the rule layered the specific-pay requirement on top.
Under the new rules, the can no longer advertise blanket payments to buyer's agents. If you want the seller to help pay your agent, you and the seller negotiate that separately, and the deal goes into the purchase contract — not the listing.
The rule applies to any South Carolina agent whose brokerage participates in the , which covers nearly every working agent in the state. An agent who skips the signed agreement before showing you a home is in violation of participation rules and potentially state real estate regulations.
Every line of the agreement is negotiable — including the percentage or fee. There's no 'standard' commission, so talk through the number and the length of the agreement before you sign.
Some South Carolina brokerages use a shorter 'tour-only' or 'showing agreement' for an initial visit to one property. Those still have to include the pay amount, duration, and duties — they're a short form, not a workaround.
Signing a buyer agency agreement doesn't lock you out of seller-paid commissions. It just means you and your agent agree up front on what they earn, and any seller contribution becomes a negotiation point at the offer stage.

The timeline — step by step

Have a no-pressure first conversation with a South Carolina agent — by phone, email, or at an open house — to see if you click. No paperwork is needed just to talk.
Before that agent shows you any home — in person or by virtual tour — sign a written buyer agency agreement. The settlement has made this a hard rule across the country since August 17, 2024.
In the agreement, lock in a specific pay amount or percentage, how long it lasts, what areas of South Carolina it covers, and what your agent owes you. State real estate rules require those duties to be in writing.
Tour homes with your agent under the signed agreement. The agreement covers tours of both listed properties and homes that aren't on the .
When you find a home you want, write your offer. If you'd like the seller to cover part or all of your agent's pay, ask for it as part of the offer — it no longer comes automatically from the listing under the settlement.
If the seller agrees to contribute toward your agent's commission, that promise gets written directly into the purchase contract — not a side document.
At closing, your agent gets paid per the buyer agency agreement — from the seller's contribution, from you, or a mix of both. The total can't exceed what the agreement spells out.

Common questions

Do I really have to sign something before I can even tour a house in South Carolina?

Yes. Since August 17, 2024, the settlement requires a written buyer agency agreement before any -connected agent can tour a property with you. That applies to virtual tours too, not just in-person showings.

How does my agent actually get paid under the new rules?

The agreement has to list a specific number — like 2.5% of the purchase price, a flat fee, or another formula. Vague phrasing isn't allowed. The pay can come from the seller, from you, or split between the two, but the total amount is whatever you and your agent agreed to in writing.

Can the seller still pay my agent's commission?

Yes — but it doesn't happen automatically through the anymore. You ask the seller to cover all or part of it as part of your offer, and if they agree, it gets written into the purchase contract under the settlement rules.

What if I only want to see one specific house and not commit to an agent?

Some South Carolina brokerages offer a short 'tour-only' or 'showing agreement' that covers just one property. It still has to spell out the pay, duration, and duties, but it doesn't tie you to that agent for future homes.

Can I negotiate the commission with my agent?

Yes. Every part of a South Carolina buyer agency agreement is negotiable, including the percentage or fee and how long the agreement runs. There is no 'standard' rate, so it's worth pushing back if a number feels high.

What does the agreement say my agent owes me?

South Carolina law requires real estate agents to act in your interest, follow your lawful instructions, account for any money they handle, and disclose conflicts. The written buyer agency agreement has to spell those duties out so you have it in black and white.

What happens if an agent shows me a house without a signed agreement?

They're violating the participation rules under the settlement and potentially South Carolina real estate regulations on written compensation disclosure. If an agent suggests skipping the paperwork, that's a sign to find another agent.

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.

Sources

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