Please let SCR know if you are experiencing any virus related issues with your real estate practice (e.g., sales, property management) so SCR can help educate the membership on workarounds or issues to consider.
Examples of potential issues:
Closings? Travel restrictions? Law firm practices?
Quarantines? Leases expiring.
South Carolina has psychological affected/impact/stigma laws, but a virus that survives on surfaces in a property for a number of days could arguably fall outside this protection. Medical experts might testify on this issue regarding novel Coronavirus COVID-19.
SECTION 40-57-740. Actions against owners and agents; education standards; education providers or instructors.
(A) No cause of action may arise against an owner of real estate or licensed real estate agent of a party to a transaction for failure to disclose in a transaction:
(1) that the subject real estate is or was occupied by an individual who was infected with a virus or another disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual;
(2) that the death of an occupant of a property has occurred or the manner of the death;
(3) any off-site condition or hazard that does not directly impact the property being transferred; or
(4) any psychological impact that has no material impact on the physical condition of the property being transferred.
(B) Nothing in subsection (A) precludes an action against an owner of real estate or agent of the owner who makes intentional misrepresentations in response to direct inquiry from a buyer or prospective buyer with regard to psychological impacts, offsite conditions, or stigmas associated with the real estate.
Posted by: Byron King on 3/12/20 (This information is only accurate as of 3/12/20. You must contact SCR for updates and changes to this information after 3/12/20 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)