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Quick answer
You can sell a South Carolina house as is, but "as is" does not excuse you from the state's property condition disclosure form unless an exemption applies or both sides waive it in writing. A licensed South Carolina attorney performs or supervises the legal steps of a residential closing. As the seller, you are primarily liable for the deed recording fee of $1.85 per $500 of value. Since 2024, state law also limits how investors can market a house they have under contract but do not own.
Does an as is sale still need a disclosure form?
South Carolina's Residential Property Condition Disclosure law covers homes with one to four dwelling units, including regular sales, installment land contracts and lease-option deals. [1] The owner must deliver the form before the buyer and owner sign the contract, unless the contract says otherwise. [1]
Selling as is is allowed. The law says nothing in it stops the parties from agreeing on the property's condition, including a sale as is. [1] But as is is not on the list of exemptions, so the form is still owed unless one of those exemptions fits. [1]
Transfers under a court order, including estate administration and foreclosure sales.
Transfers by a fiduciary handling an estate, guardianship, conservatorship or trust.
Transfers between co-owners, to a spouse or lineal relatives such as children or parents, or under a divorce order.
Transfers because taxes were not paid, and sales at public auction.
Any sale where both parties agree in writing not to complete a disclosure statement.
On the form you can state what you actually know about each item or mark that you make no representation. [1] If you knowingly give false, incomplete or misleading information, you can be liable for the buyer's actual damages and court costs, and possibly attorney fees. [1] The buyer still has a duty to inspect the property. [1]
Missing the form does not cancel the deal
Failing to deliver the form does not void the agreement, create a title defect, or give a reason to delay closing. [1] It is still the law, so ask your closing attorney how it applies to your sale.
Who handles the closing in South Carolina?
South Carolina treats the key steps of a residential closing as the practice of law. Citing Boone v. Quicken Loans (2017), the SC Bar's ethics opinion says each step must be performed or supervised by a South Carolina licensed lawyer. [2] The same lawyer need not do every step, but the closing lawyer must confirm the other steps were done by a South Carolina licensed lawyer. [2]
For you, this means a licensed attorney will be part of the closing whether you sell to a cash buyer or list with an agent. Read every contract before you sign it, and consider having your own attorney review it.
An as is sale usually means the buyer takes the house in its current condition and you do not agree to make repairs. It does not change what you know about the house, and the buyer still has a duty to inspect. [1] The attorney who handles the closing works on the title, the deed and the money, so ask early which attorney will close and who that attorney represents. For more on condition, repairs and pricing, see selling a house as is.
What does the seller pay to record the deed?
South Carolina charges a deed recording fee of $1.85 for each $500 of the property's value. [3] That is $1.30 for the state and $0.55 for the county. [3] The grantor, which is the seller, is primarily liable for the fee, and the buyer is secondarily liable. [3]
Deed recording fee examples at $1.85 per $500 of value
Sale value
Units of $500
Fee
$100,000
200
$370
$200,000
400
$740
$300,000
600
$1,110
Some deeds work differently. For a Master-in-Equity deed and certain government deeds, the buyer owes the fee. [3] Deeds given to a lender in lieu of foreclosure or through foreclosure are exempt. [3] Your closing attorney will show the exact amount on your settlement statement. For other seller costs, see closing costs for sellers.
What South Carolina's 2024 wholesaling law means for you
Some investors who send you offers plan to resell the contract, not keep the house. South Carolina's 2024 update to its Real Estate Practice Act became law on May 21, 2024. [4] It defines wholesaling as holding a contract to buy a home from its owner, then marketing the property to a different buyer before taking ownership. [5] Advertising or marketing property owned by someone else, with the expectation of pay, falls under the broker definition and requires a license. [5]
Assigning a contract is not, by itself, wholesaling. [5] The state Real Estate Commission said in November 2024 that contracting for a house, marketing it, then assigning the contract for a fee is wholesaling, and that a disclaimer does not fix that. [6] The maximum fine for a violation of the Practice Act is now $10,000. [4]
Ask whether the buyer will close in its own name or may assign the contract to someone else.
Ask for the buyer's legal entity name, and look for any assignment fee in the contract.
Expect a cash offer to be below full market value, and compare it with what an agent listing might bring. See cash offer vs. listing.
Read the contract and consider an attorney before you sign.
If you are behind on mortgage payments
Federal rules generally keep a mortgage servicer from making the first foreclosure filing until the loan is more than 120 days delinquent. [7] Use that time. Call your servicer and ask about a repayment plan, forbearance or loan modification. A HUD-approved housing counselor can give independent advice, often at little or no cost. [8]
According to a USFN article by an attorney at Hutchens Law Firm, the state Supreme Court rescinded its statewide foreclosure loss-mitigation orders on May 17, 2023. [9] The same article says judges may still ask about loss mitigation status before a sale. [9] This is a secondary source, so confirm current court rules with an attorney.
Seller requests are accepted from anywhere in South Carolina, not only the cities listed here.
Charleston (Charleston County)
Columbia (Richland County)
North Charleston (Charleston County)
Mount Pleasant (Charleston County)
Rock Hill (York County)
Greenville (Greenville County)
Summerville (Dorchester County)
Sumter (Sumter County)
Florence (Florence County)
Spartanburg (Spartanburg County)
Myrtle Beach (Horry County)
Aiken (Aiken County)
Anderson (Anderson County)
Conway (Horry County)
Common questions
Can I skip the disclosure form if I sell as is in South Carolina?
Not just by calling it as is. The form is still owed unless an exemption in S.C. Code 27-50-30 applies, such as both parties agreeing in writing not to complete it. [1]
Do I need an attorney to sell my house in South Carolina?
The legal steps of a residential closing must be performed or supervised by a South Carolina licensed lawyer. [2] You can also hire your own attorney to review the contract.
Who pays deed stamps in South Carolina?
The seller is primarily liable for the deed recording fee of $1.85 per $500 of value, and the buyer is secondarily liable. [3]
Is it legal for an investor to assign my contract?
Assigning a contract is not wholesaling by itself under S.C. Code 40-57-30(44). Marketing your property to other buyers before owning it, for pay, is treated as broker activity that needs a license. [5] Ask an attorney about your contract.
Does South Carolina require foreclosure mediation?
According to a USFN article, the statewide loss-mitigation orders were rescinded in May 2023. [9] Federal servicing rules still apply, so talk to your servicer and a HUD-approved housing counselor.
This guide was drafted with AI writing tools, working from the official sources listed on this page. A separate fact-checking pass opened every cited source and checked each rule, deadline and number against it; anything a source did not support was removed. Marcus L. Barber, the publisher, then read and approved the full page, including the text, questions and answers, title and search description before it was published.
This page is general information, not legal, tax or financial advice, and it has not been reviewed by a North Carolina or South Carolina attorney. Laws and court rules change; check the linked source or ask a lawyer about your situation. See our editorial policy. Spot an error? Email support@soldasishouses.com.
Publisher of Sold As Is Houses, based in Gastonia, NC. Former licensed P&C producer (Maryland, 2010 to 2012), not currently licensed. Not a real estate broker, attorney or home buyer.
