SCR News Feed

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What We’re Reading: May 7-11

By | May 11th, 2018|NAR|

Sunscreen, tech, architecture, meetings, travel, and location. Check your sunscreen ingredients before you go to Hawaii. Amazon and Lennar are pairing up for this smart initiative. Does anyone else type a word out, see the suggested emoji and opt for it instead of the word that took 8 keystrokes? We might be missing the point [...]

Leasing/Renting, Fair Housing, Brokerage Policy – Compensation & Areas of Practice

By | May 10th, 2018|Legal FAQs|

For fair housing risk management purposes, REALTORS® are reminded to always describe the property not the actual/ideal buyers, sellers, landlords, tenants themselves. Describe the real estate. Even when describing real estate, be careful. Even benign sounding terms can result in issues (e.g. walkable/disability, near Baptist Church/religion, great backyard for kids/familial status). Do not describe the [...]

Safety Alert to All REALTORS(R) Statewide

By | May 9th, 2018|Legal FAQs|

REALTORS® should always use caution and due diligence with any unknown buyers who cold contact the REALTOR® with a desire for a cash deal with a quick close and early occupancy. REALTORS® should require background information such as proper documentation of sufficient available cash and identification. For fair housing risks, best practices can mean that [...]

SCR391 AS IS Checkbox

By | May 9th, 2018|Legal FAQs|

SCR391 has the AS IS checkbox. SCR310 and SCR300 residential sales agreements define AS IS under the Repair Procedure Section. SCR forms typically convert over time to an AS IS agreement should all the parties "snooze" through their deadlines. An alternative to SCR391: SCR "As Is" using SCR Standard Forms (SCR "As Is" = SCR300 [...]

Please Send Your Legal Stories to SCR

By | May 9th, 2018|Legal FAQs|

SCR encourages members to send legal reports of trials, settlements, lawsuits, etc. to SCR. Law libraries only record SC Court of Appeals decisions and SC Supreme Court decisions. Trial level issues rarely get appealed, so reporting would help SCR identify risks. Please Forward Legal Issues to Your SC REALTORS Legal Staff SCR needs your help. [...]

Rental Scams

By | May 9th, 2018|Legal FAQs|

Real Estate Rental Scams (Scrape Listing and Repost as a Fake Rental) In addition to reporting to the offending website so the scam rental ad can be taken down.... Here are some more solutions: Sign in yard "NOT FOR RENT" to deter drive up renter victims. Yard sign can be in the photograph of front [...]

Changing Brokerages?

By | May 9th, 2018|Legal FAQs|

Changing Brokerages? Know Your REALTOR Ethics on Listing Agreements, Buyer Agency Agreements, and other Brokerage Contractual Agreements: • Standard of Practice 16-20 Realtors®, prior to or after their relationship with their current firm is terminated, shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm. This [...]

Treat Listings with Respect

By | May 9th, 2018|Legal FAQs|

Treating Listings With Respect REALTORS should educate agents and potential buyers about treating listings with respect. REALTORS should educate agents and sellers about listing issues such as securing all valuables, weapons, drugs, identity information, alcohol, and items of sentimental value. When visiting a listing, ensure the property is left secured from easy burglary (windows and [...]

Judges and Contracts

By | May 9th, 2018|Legal FAQs|

How Do Judges Interpret Real Estate Contracts? In construing a contract, the primary objective is to ascertain and give effect to the intention of the parties. Contracts should be liberally construed so as to give them effect and carry out the intentions of the parties. The parties' intention, must in the first instance, be derived [...]

Contract Remedies

By | May 9th, 2018|Legal FAQs|

What are the Remedies for a Breach of Contract of SCR Standard Foms? Firstly, the SCR standard forms encourage disputants to settle their contract disputes instead of expensive/lengthy/uncertain of outcome litigation/appeals. The SCR standard forms require an attempt at voluntary mediation settlement prior to litigation proceeding. Parties can self settle or mediate a settlement. Lawyers [...]