Selling Guide · Charleston Metro

Understanding the South Carolina Residential Property Disclosure Statement

South Carolina law requires most residential sellers to complete a property disclosure statement, and what it does and doesn't cover surprises a lot of first-time and out-of-state sellers. This is general education, not legal advice, and a real estate attorney should confirm how the disclosure requirements apply to your specific sale.

The Disclosure Covers Known Defects, Not a Home Inspection

The form asks about issues you're actually aware of, it doesn't require you to investigate or uncover problems you don't already know about. That distinction matters, since the obligation is honesty about known conditions, not a guarantee that every system in the home is problem-free.

“As Is” Sales Don't Eliminate the Disclosure Requirement

Sellers sometimes assume that marketing a home “as is” removes the need to disclose known issues, but that's generally not the case. As-is affects who pays for repairs, not whether known material defects need to be disclosed to a buyer.

Certain Sellers Are Exempt, But Exemptions Are Narrow

Some transaction types, such as certain estate sales or transfers between family members, may fall under exemptions from the standard disclosure requirement. Don't assume an exemption applies without confirming it, since getting this wrong can create liability later.

Answer Based on Actual Knowledge, Not Guesses

If you're not sure about a system or past repair, say so rather than guessing an answer that later turns out to be wrong. An honest “unknown” protects you far better than an inaccurate “no” that a buyer later discovers wasn't true.

Update the Disclosure If Something Changes Before Closing

If a new issue arises, or you learn something new, after the disclosure is signed but before closing, that information generally needs to be communicated to the buyer. Waiting until after closing to address a known change is one of the more common ways sellers create post-sale disputes.

Preparing your disclosure statement for a Charleston-area sale and want it handled correctly from the start? Contact Chris Eller directly.