The SC Disclosure of Real Estate Brokerage Relationships Form SCR110 is from LLR SCREC per the General Assembly (SCDREBR aka SCR110).
https://llr.sc.gov/re/recpdf/Doc170%20SC_Disclosure_of_Real_Estate_Brokerage_Relationships.pdf
https://www.screaltors.org/wp-content/uploads/Forms/110.pdf
Prior to the General Assembly creating the real estate transactional brokerage (aka non-agency) service relationship, this form was often referred to as the agency brochure or the agency disclosure brochure.
The SC state license law requires a discussion of SCR110 the government real estate brokerage relationship form at first substantive contact.
A potential risk management recommendation is to have a stack of these about your person at all times including the above internet link and perhaps even a photo of SCR110 on your smartphone/laptop/tablet so that you can email or text the SCR110 when discussing with consumers. Ditto to perhaps incorporating the SCR110 link into your email signature.
Discussing and giving these SCR110’s out like candy is a risk management strategy.
Brokers can put these risk management ideas into your policies and training
(29) "Substantive contact" means contact in which a discussion or dialogue between the consumer and the associated licensee moves from casual introductory talk to a meaningful conversation regarding the selling or buying motives or objectives of the seller or buyer, financial qualifications, and other confidential information that if disclosed could harm the consumer’s bargaining position.
SECTION 40-57-370. Duty of licensee to provide disclosure of brokerage relationships; exceptions.
(A) A licensee shall provide at the first practical opportunity to all potential buyers and sellers of real estate with whom the licensee has substantive contact:
(1) a meaningful explanation of brokerage relationships in real estate transactions that are offered by that real estate brokerage firm, including an explanation of customer and client services;
(2) Disclosure of Brokerage Relationships form prescribed by the commission.
(B) An "Acknowledgement of Receipt of the Disclosure of Brokerage Relationships" form must be included in an agency agreement and in a sales contract. In addition, each sales contract must require the buyer and the seller to acknowledge whether they received customer or client service in that real estate transaction.
(C) At the time of first substantive contact, it is presumed that the potential buyer or seller is to be a customer of the real estate brokerage firm and that the real estate brokerage firm will be acting as a transaction broker as defined by this chapter and that the real estate brokerage firm shall offer services to a customer as defined by Section 40-57-350(L) only until the potential buyer or seller signs an agency representation agreement.
(D) If first substantive contact occurs over the telephone or other electronic means, including the Internet and electronic mail, an "Acknowledgement of Receipt of the Disclosure of Brokerage Relationships" form may be sent by electronic means, including the Internet and electronic mail.
(E) For all real estate transactions, no agency relationship between a buyer, seller, landlord, or tenant and a real estate brokerage firm and its associated licensees exists unless the buyer, seller, landlord, or tenant and the brokerage company and its associated licensees agree, in writing, to the agency relationship. No type of agency relationship may be assumed by a buyer, seller, landlord, tenant, or licensee or created orally or by implication. A real estate brokerage firm may not be considered to have an agency relationship with a party or have agency obligations to a party but is responsible only for exercising reasonable care in the discharge of the real estate brokerage firm’s specified duties, as provided in this chapter, and, in the case of a client, as specified in the agency agreement.
(F) The payment or promise of payment of compensation to a real estate brokerage firm by a seller, buyer, landlord, or tenant does not determine whether an agency relationship has been created between a real estate licensee and a seller, buyer, landlord, or tenant.
(G) The brokerage relationship disclosure requirements of this section do not apply if the:
(1) transaction is regarding the rental or lease of property; or
(2) communication from the licensee is a solicitation of business.
Posted by: Byron King on 04/24/23 (This information is only accurate as of 04/24/23. You must contact SCR for updates and changes to this information after 04/24/23 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.