South Carolina § 40-57-740 Actions against owners and agents.

South Carolina Statutes

§ 40-57-740 — Actions against owners and agents.

South Carolina § 40-57-740

Title 40PROFESSIONS AND OCCUPATIONS

Ch. 57REAL ESTATE BROKERS, BROKERS-IN-CHARGE, ASSOCIATES, AND PROPERTY MANAGERS

This text of South Carolina § 40-57-740 (Actions against owners and agents.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 40-57-740 (2026).

Text

(A)No cause of action may arise against an owner of real estate or licensed real estate agent of a party to a transaction for failure to disclose in a transaction:

(1)that the subject real estate is or was occupied by an individual who was infected with a virus or another disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual;

(2)that the death of an occupant of a property has occurred or the manner of the death;

(3)any off-site condition or hazard that does not directly impact the property being transferred; or (4) any psychological impact that has no material impact on the physical condition of the property being transferred.

(B)Nothing i

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(A) No cause of action may arise against an owner of real estate or licensed real estate agent of a party to a transaction for failure to disclose in a transaction: (1) that the subject real estate is or was occupied by an individual who was infected with a virus or another disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual; (2) that the death of an occupant of a property has occurred or the manner of the death; (3) any off-site condition or hazard that does not directly impact the property being transferred; or (4) any psychological impact that has no material impact on the physical condition of the property being transferred. (B) Nothing in subsection (A) precludes an action against an owner of real estate or agent of the owner who makes intentional misrepresentations in response to direct inquiry from a buyer or prospective buyer with regard to psychological impacts, offsite conditions, or stigmas associated with the real estate.

Legislative History

HISTORY: 1997 Act No. 24, SECTION 1; 2004 Act No. 218, SECTIONS 24, 25; 2005 Act No. 141, SECTION 10; 2008 Act No. 412, SECTION 3; formerly 1976 Code SECTION 40-57-180; 2016 Act No. 170 (S.1013), SECTION 1, eff January 1, 2017; 2024 Act No. 204 (H.4754), SECTION 3, eff May 21, 2024. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, deleted (C) to (I), which related to education standards, education providers, and instructors.