On July 1, the SC LLR SCREC updates their seller disclosure aka RPCDS Residential Property Condition Disclosure Statement aka SCR230.
It is a one sentence change. See page 5 of 5.
"Purchaser has sole responsibility for investigating off-site conditions of the property including, but not limited to, adjacent properties being used for agricultural purposes."
ALERT: Buyers need to investigate all off site conditions both present and perhaps occurring in the future. Perhaps, the buyer’s investigation occurs pre-offer or during SCR310 due diligence and over distances desired by the buyers. Buyers can hire lawyers and private investigators to investigate physically and in documents and verbally and observationally and online.
Many times post closing, the buyers complain of odor, noise, light, vibrations, traffic, change of view, change of use, etc. caused by nearby off-site agricultural uses and other uses. So, this form change reminds buyers to inspect for agricultural uses off-site and other off-site conditions that may impact the buyer.
Investigating pre-offer or during SCR310 due diligence could enable the buyer to more easily avoid off-site issues that the buyer desires to avoid by not buying the property.
Updates to the form are scheduled for July 1.
SC LLR SCREC generally does not require updating existing seller disclosures. However if the seller is updating their seller disclosure anyway, it may be prudent to use the most updated form after the July 1 update occurs.
Posted by: Byron King on 06/27/22 (This information is only accurate as of 06/27/22. You must contact SCR for updates and changes to this information after 06/27/22 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.