4 minute read
What South Carolina requires sellers to disclose
The Residential Property Condition Disclosure Statement, coastal and HOA items, and lead paint.
The disclosure statement
South Carolina requires the Residential Property Condition Disclosure Statement from the Real Estate Commission before a contract is signed. It covers water and sewer, roof, structure, moisture, systems, pests, environmental hazards, flooding, HOA, zoning, and legal matters. Answers are Yes, No, or No Representation, and Yes answers need an explanation.
HOA and coastal items
If the property is in a homeowners association, SC Code 27-30-130 requires disclosure of the association and its governing documents. Coastal properties may fall under beachfront management rules and setback lines administered by the Office of Ocean and Coastal Resource Management; it is worth stating the flood zone status and any flood insurance directly on the form.
Nonresident sellers
If you do not live in South Carolina, the closing attorney withholds state income tax under Form I-290 at closing, seven percent of the gain or of the amount realized. It is a withholding, settled when you file. Our net sheet shows the amount.
Delivery
Deliver before the buyer signs. A buyer who did not receive it before contract can cancel within a short window. We draft it from your intake answers and attach it to the listing after broker review.
Updated September 11, 2026. General information for North Carolina and South Carolina sellers, not legal or tax advice.