South Carolina Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for South Carolina transactions, plus a plain-English summary of what South Carolina law expects in a residential purchase contract. Free PDF, no signup required.
South Carolina Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What South Carolina Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for South Carolina residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Residential Property Condition Disclosure Statement
S.C. Code Ann. 27-50-10 through 27-50-110 (Residential Property Condition Disclosure Act); SCREC-promulgated form
Owner of 1-4 unit residential property must furnish the SCREC disclosure statement to the purchaser before the purchaser signs a contract (27-50-50); covers water/sewer, structural, mechanical, wood-destroying insects, zoning/covenants, environmental, leases, meters, HOA governance (27-50-40)
Applies to: all residential 1-4 unit sales INCLUDING FSBO (obligation runs to the owner, no licensee trigger); exemptions in 27-50-30: court-ordered/foreclosure/fiduciary transfers, co-owner and family transfers, tax-default, government transfers, new never-inhabited dwellings, public auction, transfers to residential trusts, timeshares, and transfers where both parties agree in writing to waive
Failure-to-Deliver Consequences / Knowing Violation Liability
S.C. Code Ann. 27-50-50, 27-50-65
Late or missing disclosure does not void the contract or delay closing, but an owner who knowingly violates or fails to perform, or discloses falsely, is liable for actual damages, costs, and possible attorney fees - no NC-style rescission window
Applies to: transactions subject to the Act
Federal Lead-Based Paint Disclosure Verbatim language required
42 U.S.C. 4852d; 40 C.F.R. Part 745 Subpart F (745.113); 24 C.F.R. Part 35 Subpart A
Pre-1978 housing: contract must contain the Lead Warning Statement, seller's disclosure of known lead paint/hazards, records statement, buyer's 10-day inspection opportunity, and signed acknowledgments
Applies to: pre-1978 residential dwellings
South Carolina Regulates Wholesaling
2024 Act No. 204 (H.4754), effective May 21, 2024, amending the Real Estate Practice Act: S.C. Code Ann. 40-57-30(44) (definition), 40-57-135 (marketing-a-contract limits), 40-57-350(A) (prohibition); SC REC Advisory Opinion Nov. 14, 2024
SC expressly prohibits unlicensed 'wholesaling': holding a contractual interest in residential real estate and then MARKETING THE PROPERTY for sale to another buyer before taking legal ownership. Pure assignment of a contractual right is not itself 'wholesaling,' but per the REC's 11/14/2024 advisory opinion, marketing/advertising the property (even just address, photos, beds/baths, neighborhood) plus expected compensation makes the assignment prohibited wholesaling; permissible contract-position marketing must not imply, suggest, or purport to sell the underlying property - which the REC calls practically impossible in normal dispo marketing. Brokers/agents are separately barred from engaging in or assisting wholesaling (40-57-350(A))
See how South Carolina compares in our wholesaling laws by state table.
South Carolina Closing Practice at a Glance
| Deed convention | General warranty deed is customary for arm's-length residential sales; limited/special warranty common for builder and REO transfers |
| Transfer tax | Deed recording fee, S.C. Code Ann. 12-24-10 et seq.: $1.85 per $500 (or fraction) of the realty's value ($1.30 state + $0.55 county) |
| Customary payer | seller (grantor primarily liable by statute, grantee secondarily liable; customarily seller-paid) |
| Attorney closing | Attorney required or customary. Strict attorney state: residential closings (title search, document preparation, closing, recording, disbursement) must be conducted under the supervision of a South Carolina licensed attorney - State v. Buyers Service Co., 292 S.C. 426 (1987); Doe v. McMaster (2003); Matrix Financial v. Frazer (2011, refinances; non-compliance can cost lien priority). Contract templates should name/require a SC closing attorney |
| Witness and notary | Deeds and recorded instruments require the grantor's signature plus TWO subscribing witnesses, and must be acknowledged or probated before recording - S.C. Code Ann. 30-5-30: probate method (a witness verifies execution before a notary) or acknowledgment method (grantor acknowledges before a notary in the presence of two witnesses; the notary may double as one witness). Two witnesses + notary is the safe drafting standard |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed South Carolina attorney before use. Read the full disclaimer.
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