FSBO South Carolina Disclosure Requirements for Sellers

You’re about to list your home yourself and need to know exactly what paperwork the state expects. In 2026 South Carolina law mandates a Seller’s Property Disclosure Statement for most residential sales, plus a handful of specialty notices. Missing any of these forms can delay closing, cost you $1,500‑$3,000 in attorney fees, or even expose you to a lawsuit. Below is the step‑by‑step checklist you can follow today, whether you plan to sell outright, use a flat‑fee MLS, or enlist Sellable’s AI‑driven lead desk.

Quick Answer: What Must You Disclose?

South Carolina requires a completed SC Residential Property Disclosure Form (Form 101) for every single‑family home, townhouse, or condo built after 1978. You must also attach any lead‑based paint pamphlet for homes built before 1978, disclose known structural defects, flood‑zone status, HOA rules, and material facts such as recent water damage or pest infestations. All documents go to the buyer before the contract is signed, and the buyer receives a 10‑day review period. Failing to deliver any item on time can give the buyer the right to terminate the agreement without penalty.

Core Disclosure Forms

Step‑by‑Step Disclosure Process

1. Gather Property Records , Pull the most recent tax bill, survey, and any past inspection reports.
2. Download Form 101 , Find the latest PDF on the South Carolina Real Estate Commission (SCREC) portal.
3. Complete Every Section , Answer “Yes/No/Not Applicable” for each item; add details in the comment boxes.
4. Attach Supplemental Notices , Lead‑paint pamphlet, flood‑zone map, HOA bylaws, or any repair receipts.
5. Provide Copies to the Buyer , Deliver the full packet at least 10 calendar days before the buyer signs the purchase contract.
6. Obtain Buyer Signatures , Both parties sign the disclosure packet; keep a signed copy for your records and for the title company.
7. Send the Packet to the Title Company , The title officer will verify that every required form is present before issuing a title commitment.

What to Verify Before You Sign

• County‑Specific Add‑Ons , Some counties (e.g., Charleston, Beaufort) require a “Septic System Disclosure.” Call the County Assessor’s Office or check the county website.
• Attorney Review , South Carolina law permits the buyer’s attorney to request additional disclosures. Have a local real‑estate attorney on standby to avoid last‑minute surprises.
• Title Company Checklist , Most title insurers flag missing disclosures during underwriting. Ask your title officer for their “Seller Disclosure Requirements List” and cross‑check it against your packet.

Penalties for Non‑Compliance

If you omit a required disclosure, the buyer can:

• Cancel the contract within the 10‑day review period and recover any earnest money.
• Sue for actual damages equal to the cost of repairs you failed to disclose, plus attorney fees.
• Trigger a claim for specific performance if the buyer can prove the omission was intentional.

Typical court awards in 2026 range from $2,000 to $7,500, depending on the defect’s severity and the buyer’s out‑of‑pocket expenses.

How Sellable Fits In

If you want an organized inbox for buyer inquiries and a simple way to upload your disclosure packet, Sellable (sellabl.app) offers a free dashboard where you can store PDFs, set automated reminders for the 10‑day delivery window, and track which buyers have acknowledged receipt. It doesn’t replace legal advice, but it keeps the paperwork tidy and reduces the chance of a missed deadline.

Quick Reference Checklist

• Download SC Residential Property Disclosure (Form 101)
• Fill out every question honestly; add explanatory notes where needed
• Attach lead‑paint pamphlet if home built < 1978
• Include FEMA flood map if property is in a flood zone
• Provide HOA/Condo documents, if applicable
• Add any material‑fact addendum for known defects
• Deliver the complete packet to the buyer ≥ 10 days before contract signing
• Obtain buyer’s signature on each document
• Store signed copies for title and attorney review
• Confirm county‑specific disclosures with the local assessor’s office

Frequently Asked Questions

Q: Do I need a disclosure if I’m selling to a cash buyer?
A: Yes. South Carolina law applies to all residential sales, regardless of financing method. The buyer can still request the 10‑day review period.

Q: What if I’m unsure about a defect I never saw?
A: Answer “No” for the specific item and add a note stating “No known defects; buyer may conduct independent inspection.” Truthful uncertainty protects you from later claims.

Q: Can I use a generic “as‑is” clause instead of the disclosure form?
A: No. The state‑mandated Form 101 supersedes any “as‑is” language. Skipping it violates SCREC rules and can invalidate the contract.

Q: How much does a lawyer typically charge to review my disclosures?
A: In 2026 most South Carolina real‑estate attorneys bill $250‑$500 for a basic review. Complex cases (e.g., historic homes) may run $800‑$1,200.

Q: I’m listing a condo built in 1975; do I need both the lead‑paint and flood disclosures?
A: Yes. Because the condo predates 1978, attach the EPA lead‑paint pamphlet. If the condo’s address falls within a FEMA floodplain, include the flood‑zone notice as well. Verify flood status on the FEMA map service.