SCR recommends using the current LLR "seller disclosure" form because the current LLR form provides sellers and REALTORS® with very good liability shielding per state law. That state law was upheld by the SC Court of Appeals when challenged. So currently, lower courts must provide the liability shield. The current LLR form has 10 sections and every section can be applied to land, especially the legal questions and environmental questions and owners association questions. Many times land might contain improvements (e.g. old barn, pond, shed, well, bridge, septic, storage tanks, camper/trailer, manufactured home, roads, retaining wall, dam, fencing, utility connections, dock). Land might be subject to a timber or hunt club lease. Land might be subject to an owners association. All of these issues are covered in the current LLR form (e.g. SCR230). SCR230 is the LLR Residential Property Condition Disclosure Statement.
SCR has viewed "land disclosure forms" from other states and all of their questions are already incorporated into the SCR230 aka the LLR seller disclosure form. Even though labeled "residential" form, all the questions can apply in the average South Carolina land transaction.
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Posted by: Byron King on 08/22/19 (This information is only accurate as of 08/22/19. You must contact SCR for updates and changes to this information after 08/22/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)