What Disclosures Do South Carolina Home Sellers Have to Make?

Charlotte Seller Strategy · 2026-10-21

Fort Mill sellers should understand South Carolina’s property condition disclosure, how inspection findings affect answers, and why owner-builder paperwork needs separate attention.

Unless an exemption applies, South Carolina home sellers must provide a completed, signed Residential Property Condition Disclosure Statement, generally before the purchase contract is signed unless the contract provides otherwise. Sellers must answer honestly about known property conditions, explain affirmative answers, and promptly correct answers that become inaccurate or misleading. Required subjects include building systems, structural conditions, certain pest problems, environmental conditions, and land-use restrictions. (Sources: 2, 3.)

South Carolina’s Residential Property Condition Disclosure Act generally covers transfers of residential property containing one to four dwelling units. Its scope includes sales and exchanges, installment land sales, and leases with an option to purchase. The state disclosure form directs owners to deliver the completed statement before the buyer and seller sign a real estate contract, or as otherwise agreed in that contract. Preparing the form before reviewing offers is a practical way to avoid leaving disclosure questions unresolved during negotiations.

The Act excludes certain transfers, including specified court-ordered transfers, transfers by a fiduciary administering an estate or trust, and the first sale of a dwelling never inhabited. It also includes an exemption when both parties agree in writing not to complete a disclosure statement. These are transaction-specific exceptions, not reasons to assume that every inherited property or recently built home is exempt. Ask a South Carolina real estate attorney to confirm whether an exemption applies and what other disclosure responsibilities remain.

The required subjects extend beyond obvious damage. They include water supply and sewage disposal; the roof, foundation, and other structural components and modifications; and plumbing, electrical, heating, cooling, and other mechanical systems. The state form also asks about appliances, built-in fixtures, and systems such as irrigation and pools. For roof systems, it requests the approximate installation year and known leaks, repairs, or modifications during ownership, with dates. Structural repairs and modifications during ownership also receive specific attention, so a repaired condition may still call for an explanation.

The Act also addresses present wood-destroying insect or organism infestations and past infestations with unrepaired damage. Other subjects include zoning, restrictive covenants, building codes, land-use restrictions, encroachments, and governmental notices affecting the property. Environmental subjects include lead-based paint, asbestos, radon, underground storage tanks, and other contamination, while existing rental or lease arrangements also fall within the disclosure subjects. Gather relevant association documents, notices, repair records, and lease paperwork rather than treating the form as only a checklist of physical defects. Follow the full state form rather than relying on this summary as an exhaustive list.

The state form distinguishes between “Yes,” “No,” and “No Representation.” A “No” answer means the owner has no actual knowledge of a problem; it is not a statement that an expert has verified the property’s condition. “No Representation” means the owner lacks the current knowledge needed to answer yes or no, and it must not be used simply to avoid answering or disclosing known information. When an answer is yes or a question requests a description, the owner must explain the issue or attach an appropriate descriptive report.

Keep explanations factual: describe what happened, what work was performed, and what the available records establish. Avoid turning a repair invoice into a broader claim that every related condition has been resolved. The form warns that knowingly failing to disclose a problem can create liability for intentional or negligent misrepresentation, potentially including actual damages, court costs, and attorney fees. The owner remains responsible for completing the disclosure truthfully and fully, even when a listing agent assists with the sale.

Treat the seller disclosure and a professional inspection as different sources of information: the form records the owner’s responses, while an inspection may raise additional questions about condition. The state form requires prompt correction when new information or a change makes an earlier answer incorrect, inaccurate, or misleading. That makes a newly received inspection report something to review against the existing disclosure rather than simply file away. A report’s findings may need further explanation or professional evaluation before the appropriate response is clear.

The form explains that, depending on the situation, an owner may notify the purchaser of a correction or correct or repair the issue. Do not assume that completing a repair eliminates a question asking about repair history. Keep the report, the contractor’s description of the work, and any follow-up documentation together so the explanation remains consistent. If the parties disagree about a finding or how to address it, ask the transaction attorney how to handle the disclosure and contract separately.

For a Fort Mill sale, use South Carolina disclosure guidance rather than assuming a North Carolina form or process applies. A particularly important local document is the Town of Fort Mill’s Owner/Builder Disclosure Statement, which concerns permits obtained under the owner-builder licensing exemption. It is separate from the residential property condition disclosure delivered to a buyer. If you personally obtained an owner-builder permit for construction or improvements, bring that permit file into the listing discussion.

The Town’s statement says the exemption is for the owner’s or family’s use and occupancy, not construction or improvements for sale or rent. It warns that selling or renting within two years after completion creates a presumption that the work was undertaken for sale or rent in violation of the exemption. It also requires a recorded notice identifying construction by the owner as an unlicensed builder, with verification supplied to the Town before permit issuance. Before setting a sale plan involving owner-builder work, have a South Carolina attorney review the completion date, recorded notice, and permit history. Confirm the permitting jurisdiction for the particular property rather than substituting City of York paperwork for the Town of Fort Mill’s requirements.

Peters & Associates offers founder-led listing representation, with Nicholas and Miriam Peters as the firm’s only Realtors and Miriam Peters serving as Broker in Charge. For a seller considering representation, disclosure readiness, available repair records, and unresolved inspection questions are useful topics for the listing conversation. If construction or interiors services are being considered for sale preparation, Peters Custom Homes and Emerald & Oak Design are related but separate companies. Their services have separate agreements and pricing; they should not be assumed to be included in listing representation.

Keep the professional responsibilities distinct: the seller supplies truthful, complete answers, and the state form directs owners and purchasers to consult their attorneys about disclosure issues. A listing relationship does not transfer the seller’s responsibility for the disclosure to the agent. This article is general information, not legal, tax, or lending advice. Confirm the applicable form and transaction-specific requirements with a South Carolina real estate attorney before relying on an exemption or resolving a disputed disclosure question.