"Residential Property Condition Disclosure Statement" - South Carolina

Residential Property Condition Disclosure Statement is a legal document that was released by the South Carolina Department of Labor, Licensing and Regulation - a government authority operating within South Carolina.

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STATE OF SOUTH CAROLINA
RESIDENTIAL PROPERTY CONDITION
DISCLOSURE STATEMENT
The South Carolina Code of Laws (Title 27, Chapter 50, Article 1) requires that an owner of residential real property (single
family dwelling unit or a single transaction involving transfer of four dwelling units or less) shall provide to a purchaser this
completed and signed disclosure statement prior to forming a real estate contract. This disclosure must be provided in
connection with any sale, exchange, installment land sale, and lease with an option to purchase contract. This disclosure
statement is not required in connection with transactions listed and exempted by South Carolina Code Section § 27-50-30.
Owners should answer the questions fully, honestly, and appropriately by attaching documents, checking a box for each check
box question, and writing in the blanks on this disclosure statement.
If a question is answered “yes” or asks for a description, then owner must explain or describe the issue or attach a descriptive
report from an engineer, contractor, pest control operator, expert, or public agency. If owner attaches a report, owner shall not
be liable for inaccurate or incomplete information in the report unless owner was grossly negligent in obtaining or transmitting
the information. If owner fails to check “yes” or make a disclosure and owner knows there is a problem, owner may be liable
for making an intentional or negligent misrepresentation and may owe the purchaser actual damages, court costs, and
attorney fees. If a question is answered “no” for any question, the owner is stating that owner has no actual knowledge of any
problem.
If a question is answered “no representation” for any question, owner is stating that owner is making no representation
regarding the conditions or characteristics of the property, but owner still may have a duty to disclose information that is known
or should have been known.
If a question is answered and subsequently new information is obtained or something changes to render the owner’s answer
incorrect, inaccurate, or misleading (example: roof begins to leak), owner must promptly correct the disclosure. In some
situations, the owner may notify the purchaser of the correction. In some situations, the owner may correct or repair the issue.
If owner is assisted in the sale of property by a real estate licensee, owner remains solely responsible for completing and
delivering this disclosure statement to the purchaser. The real estate licensee must disclose material adverse facts about the
property if actually known by the licensee about the issue, regardless of owner responses on this disclosure. Owner is solely
responsible to complete this disclosure as truthfully and fully as possible. Owner and purchasers are solely responsible to
consult with their attorneys regarding any disclosure issues. By signing below, owners acknowledge their duties and that
failure to disclose known material information about the property may result in owner liability.
Owner must provide the completed disclosure statement to the purchaser prior to the time the owner and purchaser sign a
real estate contract unless the real estate contract states otherwise. Owner should provide a signed copy to the purchaser and
keep a copy signed by the purchaser.
A real estate contract, not this disclosure, controls what property transfers from owner to purchaser.
Property Address (including unit # or identifier)_________________________________________________________
__________________________________________________________________________________________
Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 1 of 5.
REV: 11/2019
STATE OF SOUTH CAROLINA
RESIDENTIAL PROPERTY CONDITION
DISCLOSURE STATEMENT
The South Carolina Code of Laws (Title 27, Chapter 50, Article 1) requires that an owner of residential real property (single
family dwelling unit or a single transaction involving transfer of four dwelling units or less) shall provide to a purchaser this
completed and signed disclosure statement prior to forming a real estate contract. This disclosure must be provided in
connection with any sale, exchange, installment land sale, and lease with an option to purchase contract. This disclosure
statement is not required in connection with transactions listed and exempted by South Carolina Code Section § 27-50-30.
Owners should answer the questions fully, honestly, and appropriately by attaching documents, checking a box for each check
box question, and writing in the blanks on this disclosure statement.
If a question is answered “yes” or asks for a description, then owner must explain or describe the issue or attach a descriptive
report from an engineer, contractor, pest control operator, expert, or public agency. If owner attaches a report, owner shall not
be liable for inaccurate or incomplete information in the report unless owner was grossly negligent in obtaining or transmitting
the information. If owner fails to check “yes” or make a disclosure and owner knows there is a problem, owner may be liable
for making an intentional or negligent misrepresentation and may owe the purchaser actual damages, court costs, and
attorney fees. If a question is answered “no” for any question, the owner is stating that owner has no actual knowledge of any
problem.
If a question is answered “no representation” for any question, owner is stating that owner is making no representation
regarding the conditions or characteristics of the property, but owner still may have a duty to disclose information that is known
or should have been known.
If a question is answered and subsequently new information is obtained or something changes to render the owner’s answer
incorrect, inaccurate, or misleading (example: roof begins to leak), owner must promptly correct the disclosure. In some
situations, the owner may notify the purchaser of the correction. In some situations, the owner may correct or repair the issue.
If owner is assisted in the sale of property by a real estate licensee, owner remains solely responsible for completing and
delivering this disclosure statement to the purchaser. The real estate licensee must disclose material adverse facts about the
property if actually known by the licensee about the issue, regardless of owner responses on this disclosure. Owner is solely
responsible to complete this disclosure as truthfully and fully as possible. Owner and purchasers are solely responsible to
consult with their attorneys regarding any disclosure issues. By signing below, owners acknowledge their duties and that
failure to disclose known material information about the property may result in owner liability.
Owner must provide the completed disclosure statement to the purchaser prior to the time the owner and purchaser sign a
real estate contract unless the real estate contract states otherwise. Owner should provide a signed copy to the purchaser and
keep a copy signed by the purchaser.
A real estate contract, not this disclosure, controls what property transfers from owner to purchaser.
Property Address (including unit # or identifier)_________________________________________________________
__________________________________________________________________________________________
Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 1 of 5.
REV: 11/2019
Apply this question below and the three answer choices to the numbered issues (1-14) on this disclosure.
As owner, do you have any actual knowledge of any problem(s)* concerning?
*Problem includes present defects, malfunctions, damages, conditions, or characteristics.
I. WATER SUPPLY AND SANITARY SEWAGE DISPOSAL SYSTEM
Yes
No
No Representation
1. Water supply ..........................................................................................................................................
2. Water quality .........................................................................................................................................
3. Water pressure .......................................................................................................................................
4. Sanitary sewage disposal system for any waste water ...........................................................................
A. Describe water supply
County
City
Private
Corporate
Community
Well
Other__________
B. Describe water disposal
Septic
Sewer
Private
Corporate
Government
Other__________________
C. Describe water pipes
PEX
Copper
PVC/CPVC
Polybutylene
Steel
Other/Unknown___________
II. ROOF, CHIMNEYS, FLOORS, FOUNDATION, BASEMENT, AND OTHER STRUCTURAL
COMPONENTS AND MODIFICATIONS OF THESE STRUCTURAL COMPONENTS
Yes
No
No Representation
5. Roof system .........................................................................................................................................
6. Gutter system ......................................................................................................................................
7. Foundation, slab, fireplaces, chimneys, wood stoves, floors, basement, windows, driveway, storm
windows/screens, doors, ceilings, interior walls, exterior walls, sheds, attached garage, carport, patio,
deck, walkways, fencing, or other structural components including modifications ...................................
A. Approximate year that current roof covering was installed or modified:_______. Approximate year structure was built:_____________
B. During your ownership, describe any known roof system leaks and repairs:__________________________________________
III. PLUMBING, ELECTRICAL, HEATING, COOLING, AND OTHER MECHANICAL SYSTEMS
Yes
No
No Representation
8. Plumbing system (pipes, fixtures, water heater, disposal, softener, plumbing components) .................
9. Electrical system (wiring, panel, fixtures, A/V wiring, outlets, switches, electrical components)............
10. Appliances (range, stove, ovens, dishwasher, refrigerator, washer, dryer, other appliances) ................
11. Built-in systems and fixtures (fans, irrigation, pool, security, lighting, A/V, other) ...............................
12. Mechanical systems (pumps, garage door opener, filtration, energy equipment, safety, other) ...........
13. Heating system(s) (HVAC components) ................................................................................................
14. Cooling system(s) (HVAC components) .................................................................................................
Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 2 of 5.
A. Describe Cooling System
Central
Ductless
Heat Pump
Window
Other__________________________
B. Describe Heating System
Central
Ductless
Heat Pump
Furnace
Other__________________________
C. Describe HVAC Power
Oil
Gas
Electric
Solar
Other__________________________
D. Describe HVAC system approximate age and any other HVAC system(s): _____________________________________________
__________________________________________________________________________________________
IV. PRESENT OR PAST INFESTATION OF WOOD DESTROYING INSECTS OR ORGANISMS OR DRY ROT OR FUNGUS, THE DAMAGE FROM
WHICH HAS NOT BEEN REPAIRED
A. Describe any known present wood problems caused by termites, insects, wood destroying organisms, dry rot or fungus:
__________________________________________________________________________________________
B. Describe any termite/pest treatment, coverage to property, name of provider, and termite bond (if any):
__________________________________________________________________________________________
C. Describe any known present pest infestations:
__________________________________________________________________________________________
V. THE ZONING LAWS, RESTRICTIVE COVENANTS, BUILDING CODES, AND OTHER LAND USE RESTRICTIONS AFFECTING THE REAL
PROPERTY, ANY ENCROACHMENTS OF THE REAL PROPERTY FROM OR TO ADJACENT REAL PROPERTY, AND NOTICE FROM A
GOVERNMENTAL AGENCY AFFECTING THIS REAL PROPERTY
Apply this question below and the three answer choices to the numbered issues (15-25) on this disclosure.
As owner, do you have any actual knowledge or notice concerning the following:
Yes
No
No Representation
15. Violations or variances of the following: zoning laws, restrictive covenants, building codes, permits
or other land use restrictions affecting the real property ...........................................................................
16. Designation as a historic building, landmark, site or location within a local historic or other restrictive
district, which may limit changes, improvements or demolition of the property .............................
................
17. Easements (access, conservation, utility, other), party walls, shared private driveway, private roads,
released mineral rights, or encroachments from or to adjacent real property ............................................
18. Legal actions, claims, foreclosures, bankruptcies, tenancies, judgments, tax liens, other liens,
insurance issues, or governmental actions that could affect title to the property ......................................
19. Room additions or structural changes to the property during your ownership ....................................
20. Problems caused by fire, smoke, or water to the property during your ownership ...............................
21. Drainage, soil stability, atmosphere, or underground problems affecting the property ........................
22. Erosion or erosion control affecting the property .................................................................................
23. Flood hazards, wetlands, or flood hazard designations affecting the property .....................................
24. Flood insurance covering the property .................................................................................................
25. Federal Emergency Management Agency (FEMA) claims filed on the property ..........................................
_____________________________________
If yes to number 25, please list the dates of all claims:
A. Describe any green energy, recycling, sustainability or disability features for the property:__________________________________
B. Describe any Department of Motor Vehicles titled manufactured housing on the property:__________________________________
Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 3 of 5.
VI. BURIED, UNBURIED, OR COVERED PRESENCE OF THE FOLLOWING: LEAD BASED PAINT, LEAD HAZARDS, ASBESTOS, RADON GAS,
METHANE GAS, STORAGE TANKS, HAZARDOUS MATERIALS, TOXIC MATERIALS, OR ENVIRONMENTAL CONTAMINATION
A. Describe any known property environmental contamination problems from construction, repair, cleaning, furnishing, intrusion, operating,
toxic mold, methamphetamine production, lead based paint, lead hazards, asbestos, radon gas, methane gas, formaldehyde, corrosion-causing
sheetrock, storage tanks, hazardous materials, toxic materials, environmental contamination, or other: ___________________________
__________________________________________________________________________________________
VII. EXISTENCE OF A RENTAL, RENTAL MANAGEMENT, VACATION RENTAL, OR OTHER LEASE CONTRACT ANTICIPATED TO BE IN PLACE ON
THE PROPERTY AT THE TIME OF CLOSING
A. Describe the lease terms and any leasing problems, if any: ____________________________________________________
__________________________________________________________________________________________
B. State the name and contact information for any property management company involved (if any): ____________________________
__________________________________________________________________________________________
C. Describe known outstanding charges owed by tenant for gas, electric, water, sewer, and garbage: _____________________________
__________________________________________________________________________________________
VIII. THE EXISTENCE OF A METER CONSERVATION CHARGE, AS PERMITTED BY SECTION 58-37-50 THAT APPLIES TO ELECTRICITY OR
NATURAL GAS SERVICE TO THE PROPERTY
A. Describe any utility company financed or leased property on the real property: ________________________________________
B. Describe known delinquent charges for real property’s gas, electric, water, sewer, and garbage: ______________________________
IX. X. WHETHER THE PROPERTY IS SUBJECT TO GOVERNANCE OF A HOMEOWNERS ASSOCIATION WHICH CARRIES CERTAIN RIGHTS AND
OBLIGATIONS THAT MAY LIMIT THE USE OF THIS PROPERTY AND INVOLVE FINANCIAL OBLIGATIONS
Yes* No
No Representation
*If YES, owner must complete the attached Residential Property Disclosure Statement Addendum.
X. PLEASE USE THE SPACE BELOW FOR “YES” ANSWER EXPLANATIONS AND ATTACH ANY ADDITIONAL SHEETS OR RELEVANT DOCUMENTS
AS NEEDED __________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 4 of 5.
This disclosure does not limit the obligation of the purchaser to inspect the property and improvements which are the subject of the real estate
contract. Purchaser is solely responsible for conducting their own off site conditions and psychologically affected property inspections prior to
entering into a real estate contract. The real estate licensees (acting as listing or selling agents, or other) have no duty to inspect the on site or off
site conditions of the property and improvements. Purchasers should review all applicable documents (covenants, conditions, restrictions, bylaws,
deeds, and similar documents) prior to entering into any legal agreements including any contract. The South Carolina Code of Laws describes the
Residential Property Condition Disclosure Statement requirements and exemptions at § 27-50-10 (and following) which can be read online
(www.scstatehouse.gov or other websites).
Current status of property or factors which may affect the closing:
Owner occupied
Short sale
Bankruptcy
Vacant (How long vacant?) _____________________
Leased
Foreclosure
Estate
Other: _________________________________
A Residential Property Condition Disclosure Statement Addendum
is
is not completed and attached. This addendum
should be attached if the property is subject to covenants, conditions, restrictions, bylaws, rules, or is a condominium.
Owner acknowledges having read, completed, and received a copy of this Residential Property Condition Disclosure Statement
before signing and that all information is true and correct as of the date signed.
Owner Signature: _________________________________________Date: __________________Time:_____________
Owner Printed Name: ____________________________________________________________________________
Owner Signature: _________________________________________Date: __________________Time:_____________
Owner Printed Name: ____________________________________________________________________________
Purchaser acknowledges prior to signing this disclosure:
Receipt of a copy of this disclosure
This disclosure is not a warranty by the owner
Representations are made by the owner and not by the owner’s
Purchaser has examined disclosure
agents or subagents
Purchaser had time and opportunity for legal counsel
Purchasers have sole responsibility for obtaining inspection reports
This disclosure is not a warranty by the real estate licensees
from licensed home inspectors, surveyors, engineers, or other
This disclosure is not a substitute for obtaining inspections of on site
qualified professionals
and off site conditions
Purchaser Signature: _______________________________________Date: __________________Time:_____________
Purchaser Printed Name: __________________________________________________________________________
Purchaser Signature: _______________________________________Date: __________________Time:_____________
Purchaser Printed Name: __________________________________________________________________________
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