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Mandated DisclosuresResidential_property_condition_disclosure_actHARD

Under the South Carolina Residential Property Condition Disclosure Act, which of the following transfers is NOT exempt from the disclosure requirement?

Correct Answer

C) A sale of a used residential home by an individual seller to an unrelated third-party buyer

Under S.C. Code Ann. §§ 27-50-10 and 27-50-30, the SC Residential Property Condition Disclosure Act applies to the sale of residential real property by an owner-seller to an unrelated third-party buyer in an arm's-length transaction. This is the core transaction the statute was designed to regulate. None of the statutory exemptions apply — it is not a foreclosure sale, not a transfer to a lineal relative or spouse, not a co-owner transfer, and not new construction with a builder's warranty. Therefore, the seller must provide the completed disclosure statement.

Answer Options
A
A transfer from a parent to her adult son as part of an estate plan
B
A sale of a residential property acquired by a lender through judicial foreclosure
C
A sale of a used residential home by an individual seller to an unrelated third-party buyer
D
A transfer of a newly constructed home covered by the builder's one-year workmanship warranty

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Related Topics & Key Terms

Key Terms:

property_condition_disclosureexemptionsreverse_questiondisclosure_requirementsresidential_sale

Related Concepts

Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

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