S.C. Code Ann. § 27-50-250 — SC Code / Title 27 / Chapter 50 / Article 2 / Section 27-50-250
SECTION 27-50-250. Transfer of title of residential property subject to vacation rental agreement.
Status: in_force

(A) The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than ninety days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than ninety days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments towards the agreement within forty-five days of the recording of the transfer of interest. (B) Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental. Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. A grantor or grantee who knowingly violates or fails to perform any duty prescribed by any provision of this article is liable for actual damages proximately caused to the tenant and court costs. The court may award reasonable attorney fees incurred by the prevailing party. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge.
S.C. Code Ann. § 27-16-120 — SC Code / Title 27 / Chapter 16 / Section 27-16-120
SECTION 27-16-120. Building code; environmental law and regulation; land use plan; health code; hunting and fishing; littoral and riparian rights; regulation of alcohol.
Status: in_force

(A) The Tribe shall incorporate by reference and adopt the York County Building Code and may contract with York County for the services necessary to enforce, inspect, and regulate compliance with its code. The services must be provided at no charge by York County as an in-kind contribution toward settlement. In addition, those local jurisdictions which exact a fee, a permit, or inspection services shall waive the fees otherwise charged for building permit or inspection services on the Reservation. The Tribe is empowered, but not required, to adopt building code provisions to be applied on the Reservation in addition to, but not in derogation of, the York County Building Code. (B) All state and local environmental laws and regulations apply to the Tribe and to the Reservation and are fully enforceable by all relevant state and local agencies and authorities. Similarly, all requirements that a license, permit, or certificate be obtained from a state or local agency also apply to the Tribe and to the Reservation. This provision extends without limitation to all environmental laws and regulations adopted in the future. (1) The Tribe, the Executive Committee, and all members of the Tribe have the same status as other citizens or groups of citizens to contest, object to, or intervene in a proceeding or an action in which environmental regulations are being made, adjudicated, or enforced or in which licenses, permits, or certificates of convenience and necessity are being issued by an agency of the State or a local government and no special or preferential status under any laws. (2) The Tribe has the authority to impose regulations applying higher environmental standards to the Reservation than those imposed by state law or by local governing bodies. However, tribal regulations apply only to the Reservation and not to property surrounding the Reservation or non-Reservation property or to the use of the Catawba River. Tribal regulations also do not apply to activities or uses off the Reservation, even if those activities affect air quality on the Reservation. (3) The Tribe is not authorized to invoke sovereign immunity against a suit, a proceeding, or an enforcement action involving state or local environmental laws or regulations and is subject to all enforcement orders, restraining orders, fees, fines, injunctions, judgments, and other corrective or remedial measures imposed by the laws. This section does not impose different standards or requirements on the Tribe or the Secretary, when acting on the Tribe's behalf, than would be applied to a private corporation. (C) With respect to a land use regulation within the Reservation, the Tribe has the power to adopt and enforce a land use plan after consultation with York and Lancaster Counties for those parts of the Reservation located in those respective jurisdictions. The Tribe and the affected governing bodies shall follow the substantive considerations and consultative procedures described in the Settlement Agreement. (D) All public health codes of South Carolina and any county in which the Reservation is located are applicable on the Reservation. (E) Hunting and fishing, on or off the Reservation, must be conducted in compliance with the laws and regulations of South Carolina. Members of the Tribe are subject to all state and local regulations governing hunting and fishing on and off the Reservation. However, for ninety-nine years following the effective date of this chapter, members of the Tribe are entitled to personal state hunting and fishing licenses without payment of fees. The Tribe and its members are subject to the same fees and requirements as all other citizens of the State in applying for and obtaining commercial hunting and fishing licenses. The Tribe has the authority to impose hunting, fishing, and wildlife rules and regulations on the Reservation that are stricter than those adopted by the State. (F) The littoral and riparian rights of the Catawba Indian Tribe in the Catawba River or in other streams or waters crossing their lands do not differ in any respect from the rights of other owners whose land abuts nontidal bodies of water or nontidal water courses in South Carolina. The rights and obligations covered by this subsection include, but are not limited to, those described in the Settlement Agreement. These qualifications apply to the Existing Reservation, lands acquired for the Expanded Reservation, other lands acquired by or for the benefit of the Tribe, and non-Reservation lands. (G) Alcohol is prohibited on the Reservation unless the Tribe adopts laws or ordinances permitting the sale, possession, or consumption of alcohol on the Reservation. If the Tribe adopts the laws or ordinances, they must incorporate all state standards and regulations regarding hours, sales to minors, employment, consumption, possession, and standards for licensing. However, the Tribe may impose stricter standards and regulations than those prescribed by state law. If beer, wine, and alcoholic liquor are sold on the Reservation, licenses must be issued by the State in accordance with South Carolina law, and all beer, wine, and alcoholic liquor taxes must be paid to the State in accordance with South Carolina law.
S.C. Code Ann. § 27-39-210 — SC Code / Title 27 / Chapter 39 / Article 3 / Section 27-39-210
SECTION 27-39-210. Commencement of proceedings for collection of rent by distress.
Status: in_force

A landlord may enforce collection of rent due by distress in the following manner, to wit: Any magistrate having jurisdiction over the district in which the premises occupied are situate may issue, upon receipt of an affidavit of the landlord or his agent setting forth the amount of rent due, a notice directed to the tenant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. Such notice, together with a copy of the affidavit, shall be delivered to (a) any regular constable, (b) such special constable as the magistrate may appoint or (c) the sheriff of the county for enforcement. Such officer shall forthwith serve a copy of the notice and affidavit on the tenant by delivering the copies to him personally, or if he cannot be found, to any agent of the tenant in whose possession the property sought to be distrained is located. If neither the tenant nor any agent of the tenant can be found, the tenant may be served by leaving such copies at the tenant's place of business or at the rented premises with some person of suitable age and discretion. If, after reasonable search, the tenant cannot be located in the county, no person can be found in possession of the rented premises, and the premises have been abandoned for a period of fifteen days or more immediately prior to the date of service, the copies of the affidavit and notice may be served by leaving them affixed to the most conspicuous part of the premises and by delivering them to the clerk of court of the county in which the premises are located. If the premises have been abandoned for fifteen days immediately prior to the date of service, the tenant shall be deemed to have appointed the clerk of court as his agent for acceptance of service of the notice and affidavit.
S.C. Code Ann. § 27-50-10 — SC Code / Title 27 / Chapter 50 / Article 1 / Section 27-50-10
SECTION 27-50-10. Definitions.
Status: in_force

As used in this article: (1) "Commission" means the South Carolina Real Estate Commission. (2) "Disclosure statement" means a residential property condition disclosure statement written on a form as required by this article and as promulgated by regulations of the commission. (3) "Listing agent" means a real estate licensee who represents an owner of real property in the sale, lease, or other transfer of the subject real property through the use of a written listing agreement as required by law. (4) "Owner" means each person having a recorded present or future interest in real estate who is identified in a real estate contract subject to this article, but does not include the owner or holder of a mortgage, deed of trust, mechanic's or materialman's lien, or other lien or security interest in the real property. This disclosure is limited to the actual residential dwelling and does not address common elements or areas for which the owner has no direct and primary responsibility. (5) "Purchaser" means each person or entity named as a purchaser, buyer, or tenant in a real estate contract subject to this article. (6) "Real estate contract" means a contract for the transfer of ownership of real property. (7) "Real estate licensee" means an individual licensed under Title 40, Chapter 57. (8) "Real property" means the lot or parcel and the dwelling unit described in a real estate contract subject to this article. (9) "Selling agent" means a real estate licensee who represents a purchaser of real property through the use of a written agency agreement as required by law, a real estate licensee who is a subagent as defined by law who represents the owner, or a dual agent as defined by law who represents both the purchaser and owner.
S.C. Code Ann. § 27-32-210 — SC Code / Title 27 / Chapter 32 / Article 1 / Section 27-32-210
SECTION 27-32-210. Recovery from fund; conditions.
Status: in_force

(A) A person aggrieved by the conduct of a registrant or licensee may seek recovery from the Vacation Time Sharing Recovery fund if: (1) the facts giving rise to the applicant's claim occurred on or after January 1, 1982, and were based on a specific violation of this chapter; (2) the applicant has made demand upon the registrant or licensee by certified mail, return receipt requested, for his actual damages and the demand has been refused or ignored; (3) the applicant is not: (a) related by blood or marriage to the registrant or licensee; (b) registered or licensed pursuant to this chapter; (c) the employer, principal, or broker in charge of the registrant or licensee; or (d) a party jointly responsible for the claim; and (4) application for recovery is made not later than one year from the date or discovery of the loss. (B) Application for recovery must be made under oath and upon a form prescribed by the commission and containing the following minimum information: (1) name and address of the applicant; (2) name and address of the registrant or licensee and his last known working address; (3) amount of recovery sought, together with evidence supporting the claim; (4) copies of all complaints or other legal process initiated; (5) disclosure of any partial satisfaction received, offered, or otherwise available from the registrant or licensee, his broker-in-charge, or from a bond or policy of insurance or other source; and (6) a detailed statement of the events precipitating the loss, together with documents and other evidence supporting the claim. (C) Upon receiving a claim in proper form, the commission shall forward the claim by certified mail, return receipt requested, to the last known address of the registrant or licensee and to the broker-in-charge of the registrant or licensee. The registrant or licensee and the broker-in-charge shall file a verified answer to the claim within twenty days. If an answer is not filed within twenty days, the broker or registrant or licensee is in default and the commission shall schedule an arbitration of the claim. If the broker or registrant or licensee files a timely answer, the commission shall investigate the claim for a period not to exceed sixty days and after that promptly schedule an arbitration of the claim. The registrant or licensee, broker, commission, and claimant are entitled to present evidence, and question and cross examine witnesses as parties to the arbitration. (D) Failure of the applicant to comply fully with this section is a waiver of all rights under the section.
S.C. Code Ann. § 27-31-30 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-30
SECTION 27-31-30. Establishment of horizontal property regime.
Status: in_force

Whenever a lessee, sole owner, or the co-owners of property expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated in Section 27-31-100, their desire to submit their property to the regime established by this chapter, there shall thereby be established a horizontal property regime. Property may be submitted to a horizontal property regime prior to construction or the completion of any building or apartment, improvements, or structures on the property if all proceeds from its sale are deposited into an escrow account with an independent escrow agent until construction or completion of the proposed property as evidenced by issuance of a certificate of occupancy from the appropriate municipal or county authority. In lieu of any escrow required by this section, the escrow agent may accept a surety bond issued by a company licensed to do business in this State as surety in an amount equal to or in excess of the funds that would otherwise be placed in the escrow account with the South Carolina Real Estate Commission designated as beneficiary of any such surety bond.
S.C. Code Ann. § 27-32-55 — SC Code / Title 27 / Chapter 32 / Article 1 / Section 27-32-55
SECTION 27-32-55. Vacation time sharing resale services; written contract; and other requirements.
Status: in_force

(A) Before engaging in any vacation time sharing resale services, a resale service provider must provide a written contract to the consumer vacation time sharing reseller that includes: (1) The name, physical address, telephone number, and website address, if any, of the resale service provider and any other agent or third party who will provide any of the vacation time sharing resale services on behalf of the resale service provider. (2) The name, physical address, telephone number, and email address of the escrow agent, if applicable, that will be used to hold funds or other property pursuant to this section. (3) A complete description of the vacation time sharing resale services. (4) The duration of the contract for vacation time sharing resale services expressed in days, weeks, months or years. (5) A description of any fees, costs, or other consideration to be paid to the resale service provider or any agent or third party of it. These fees must include marketing and advertising fees or commissions that are paid upon the sale of a resale vacation time sharing interest. (6) A statement, if applicable, that the resale service provider will deliver to the consumer vacation time sharing reseller all documentation evidencing the transfer of legal ownership of the resale vacation time sharing interest as provided in subsection (B). (7) A statement, if applicable, that the consumer time sharing reseller shall have five business days from the date they receive the notice of right to dispute the release funds from the escrow agent as referenced in subsection (B). (8) The Internet addresses and telephone numbers for both the Department of Consumer Affairs and the commission. (9) A statement printed in at least twelve-point boldfaced type immediately preceding the space in the contract provided for the consumer time sharing reseller's signature in substantially the following form: "You have an unwaivable right to cancel this contract for any reason within five business days after the date you sign this contract. If you decide to cancel this contract, you must notify (name of resale service provider) in writing of your intent to cancel. Your notice of cancellation must be effective upon the date sent and must be sent to (resale service provider's mailing address) or to (resale service provider's e-mail address). Your refund will be made within twenty days after receipt of notice of cancellation or within five days after receipt of funds from your cleared check, whichever is later. You are not obligated to pay (name of resale service provider) any money unless you sign this contract and return it to (name of resale service provider). Before signing this contract, you should carefully review your original vacation time sharing purchase contract and other project documents to determine whether there are any restrictions or special conditions applicable to the resale or rental of your vacation time sharing interest. You also may wish to contact your resort management company or your vacation time sharing association to learn about resale or rental options that may be available to you." (B) With respect to all fees, costs and compensation paid to a resale service provider, the following shall apply: (1) A consumer vacation time sharing reseller may not be charged an appraisal fee in connection with the sale or rental of a resale vacation time sharing interest. (2) A consumer vacation time sharing reseller may be charged marketing or advertising fees prior to the sale or rental of a resale vacation time sharing interest. (3) A consumer vacation time sharing reseller shall not pay any advance fee, cost or compensation for vacation time sharing resale services, except as provided in item (2), unless one hundred percent of all funds are deposited into an escrow account until the vacation time sharing resale service is completed and all other requirements of this section have been met. (a) The funds or other property required to be escrowed hereunder only may be released from escrow to or on the order of the person providing the vacation time sharing resale services upon completion of all of the following: (i) Presentation by the vacation time sharing resale services provider of an affidavit by such person to the escrow agent that all promised vacation time sharing resale services have been performed, including delivery to both the consumer vacation time sharing reseller and the vacation time sharing plan association or managing entity of a copy of the recorded instrument or other legal document evidencing the transfer of ownership or of legal title to the resale vacation time sharing interest completed in accordance with Section 27-32-40, to the transferee. (ii) The escrow agent's submission of the affidavit and a notice of right to dispute the release of funds or property in escrow to the consumer vacation time sharing reseller. The notice shall state the consumer vacation time sharing reseller shall have five business days after receipt of such affidavit to submit a written dispute to the escrow agent that all promised vacation time sharing resale services have in fact not been fully performed by the resale service provider. The consumer vacation time sharing reseller may submit the dispute by electronic mail or regular mail. The dispute is effective upon the date sent. (iii) Failure of the consumer vacation time sharing reseller to submit a dispute pursuant to subsubitem (ii). (iv) Should the escrow agent receive conflicting demands for funds or other property held in escrow, the escrow agent immediately must notify the commission of the dispute and either promptly submit the matter to arbitration or, by interpleader or otherwise, seek an adjudication of the matter by court. (b) The commission may audit or examine the escrow account. The resale service provider must make available documents relating to the escrow account or escrow obligation to the commission upon the commission's request. (c) The escrow agent must retain all resale transfer agreements, escrow account records, affidavits and notices of dispute received pursuant to this subsection for a period of three years. (C)(1) No person shall knowingly participate, for consideration or with the expectation of consideration, in any plan or scheme, a purpose of which is to transfer a resale vacation time sharing interest to a person or entity that the person knows or reasonably should know does not have the ability, means, or intent to pay all assessments and taxes associated with ownership of the resale vacation time sharing interest that are due or that come due during the transferee's ownership. (2) Failure to pay assessments or taxes that are due or that come due within four years after acquisition of a resale vacation time sharing interest by a transferee who acquires the resale vacation time sharing interest for commercial purposes and not for personal use and enjoyment creates a rebuttable presumption of a violation of this section. (3) Payment of all assessments and taxes for four years by or on behalf of a transferee shall satisfy item (2). (4) It is considered a violation of this section if there is any transfer, series of transfers, or other action made or taken by any person for the purpose of circumventing this section. (D) No individual consumer vacation time sharing reseller who sells or transfers five or fewer resale vacation time sharing interests owned by that consumer vacation time sharing reseller in a given calendar year shall be subject to liability under subsection (C) above. (E) Engagement in any vacation time sharing resale service, or receipt of consideration in connection with, any vacation time sharing resale service without an executed written contract as provided in this section or the transfer of a resale vacation time sharing interest to a person who the resale service provider knows or should have known has demonstrated a pattern of nonpayment of assessments, taxes, or fees associated with the obligations of ownership, creates a rebuttable presumption of this as a violation of this section. (F) Providing vacation time sharing resale services with respect to a consumer resale vacation time sharing interest in a vacation time sharing property located or offered within this State or required to be registered in this State, including acting as an agent or third-party service provider for a resale service provider, constitutes operating, conducting, engaging in, or carrying on a business or business venture in this State. (G) A contract for vacation time sharing resale services resulting from conduct in violation of this section is voidable by the consumer vacation time sharing reseller and the resale service provider shall return all consideration received pursuant to the contract to the consumer vacation time sharing reseller. (H)(1) A person violating the provisions of this section has committed an unfair trade practice pursuant to Chapter 5, Title 39 of the Unfair Trade Practices Act and is subject to all civil penalties and remedies provided by law for this violation. The criminal penalty provisions of Chapter 5, Title 39 do not apply to this section. (2) If a court, in its discretion, based upon the evidence presented by the parties, determines that a person's actions pursuant to this section were inadvertent, unintentional, and not an effort to violate the provisions of this section, the court may hold that the person's actions were nonmaterial, technical violations not subject to Chapter 5, Title 39 of the Unfair Trade Practices Act, and in lieu of all other penalties, the court may assess a technical violation penalty not exceeding two hundred dollars. The court's determination that a violation is a nonmaterial, technical violation in no way prevents the court from assessing full penalties under this section or Chapter 5, Title 39 of the Unfair Trade Practices Act for any other violations determined to be a plan or scheme. (I) The Department of Consumer Affairs may enforce this section, and impose penalties, including those provided in Section 27-32-120(A), a warning notice of deficiency, a cease and desist order and a refund of fees, costs or compensation assessed and/or received in violation of the section. A person aggrieved by the department's final administrative order may request a contested case hearing before the Administrative Law Court pursuant to the court's rules of procedure. If the person fails to timely request a contested case hearing, the department may bring an action to enforce its order pursuant to Chapter 23, Title 1. The criminal penalty provisions of Section 27-32-120(B) do not apply to this section. (J) Vacation time sharing interests are subject to the protections of the Service Members Civil Relief Act. Effect of Amendment 2017 Act No. 90, SECTION 2, rewrote the section, providing requirements of resale vacation timeshare services and providers of those services and including consumer protection provisions.
S.C. Code Ann. § 27-19-340 — SC Code / Title 27 / Chapter 19 / Article 5 / Section 27-19-340
SECTION 27-19-340. Disposition of proceeds of escheats.
Status: in_force

The Secretary of State shall turn over to the State Treasurer the net proceeds of escheats after deducting and retaining therefrom for the benefit of the Sinking Fund so much money as in the opinion of the State Department of Administration will reimburse the Sinking Fund for moneys and agents' services used and advanced as aforesaid and also any other expense necessarily incurred in executing the law and protecting the interest of the State in the matter of escheats. Costs and expenses incurred as aforesaid on account of agents' services and money advanced or otherwise in one case may be deducted and retained from the proceeds of any other case of escheatment in the discretion of the State Department of Administration. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 27-40-120 — SC Code / Title 27 / Chapter 40 / Article 1 / Section 27-40-120
SECTION 27-40-120. Exclusions from application of chapter.
Status: in_force

The following arrangements are not governed by this chapter: (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest; (3) occupancy by a member or a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) transient occupancy in a hotel, motel, or other accommodations subject to the sales tax on accommodations as provided by SECTION 12-36-920; (5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; (6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; (7) occupancy under a rental agreement covering the premises used by the occupant primarily for agricultural purposes; (8) occupancy under a rental agreement in a premises regulated by the provisions of Chapter 32 of Title 27 of the 1976 Code (Vacation Time Sharing Plan Act). (9) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private.
S.C. Code Ann. § 27-16-20 — SC Code / Title 27 / Chapter 16 / Section 27-16-20
SECTION 27-16-20. Legislative findings.
Status: in_force

The Legislature finds: (1) The Catawba Indian Tribe has filed lawsuits in both the United States District Court for the District of South Carolina, claiming possessory rights to certain lands in South Carolina and trespass damages and in the United States Court of Federal Claims seeking monetary damages against the United States. (2) The pendency of these lawsuits has resulted in severe economic and social hardships for large numbers of landowners, citizens, and communities in the State, and therefore for the State as a whole. If these claims are not resolved, further litigation involving tens of thousands of landowners would be likely. (3) The Indian claimants and the State, acting through the Governor, have reached an agreement in principle to settle their differences which constitutes a good faith effort on the part of all parties to achieve a fair and just resolution of claims which, in the absence of this settlement, could be pursued through the courts for many years to the detriment of the State and all its citizens, including the Indians. (4) The implementation of the settlement requires legislation by the Congress of the United States and by the General Assembly of South Carolina.
S.C. Code Ann. § 27-1-15 — SC Code / Title 27 / Chapter 1 / Section 27-1-15
SECTION 27-1-15. Recovery of attorney is fees and interest on claims for improvement of real estate.
Status: in_force

Whenever a contractor, laborer, design professional, or materials supplier has expended labor, services, or materials under contract for the improvement of real property, and where due and just demand has been made by certified or registered mail for payment for the labor, services, or materials under the terms of any regulation, undertaking, or statute, it is the duty of the person upon whom the claim is made to make a reasonable and fair investigation of the merits of the claim and to pay it, or whatever portion of it is determined as valid, within forty-five days from the date of mailing the demand. If the person fails to make a fair investigation or otherwise unreasonably refuses to pay the claim or proper portion, he is liable for reasonable attorney's fees and interest at the judgment rate from the date of the demand.
S.C. Code Ann. § 27-32-325 — SC Code / Title 27 / Chapter 32 / Article 3 / Section 27-32-325
SECTION 27-32-325. Conditions for exercise of power of sale by trustee.
Status: in_force

A trustee may exercise a power of sale provided that: (1) the requirements of Section 27-32-320 have been met and any substitution of trustee is filed for record in the public records of the county in which the timeshare estate is located; (2) there is a default by the obligor under a provision of the mortgage, the timeshare instrument, or applicable law which authorizes foreclosure in the event of default; (3) there is no lis pendens recorded and pending regarding a judicial action for foreclosure of the mortgage lien or the assessment lien against the same timeshare estate, and the trustee has not been served notice of the filing of any action to enjoin the power of sale procedure; (4) if an assessment lien is to be foreclosed, a claim of lien, together with all amendments and assignments, if any, is recorded in the public records of the county in which the timeshare estate is located; (5) the trustee has sent written notice of default and intent to sell the timeshare estate to the obligor's and junior interest holder's notice addresses as required by Section 27-32-330 with the following statement in conspicuous type: "If you fail to cure the default or take other appropriate action with regard to this matter within thirty calendar days after the date of this notice, you will risk losing your interest in this timeshare estate through a nonjudicial foreclosure procedure. However, under the nonjudicial procedure, you will not be subject to a deficiency judgment or personal liability for the lien being foreclosed even if the sale of your timeshare estate resulting from the nonjudicial foreclosure is insufficient to satisfy the amount of the lien being foreclosed. You may object to the sale of your timeshare estate through the nonjudicial foreclosure procedure and require foreclosure of your timeshare interest to proceed through the judicial process. An objection must be made in writing and received by the trustee before the end of the thirty-day time period. You must state the reason for your objection and include your address on the written objection. In a judicial foreclosure proceeding that results from your objection, you may be subject to a deficiency judgment and personal liability for the lien being foreclosed if the sale of your timeshare estate resulting from the judicial foreclosure is insufficient to satisfy the amount of the lien being foreclosed. Furthermore, you also may be subject to a personal money judgment for the costs and attorney's fees incurred by the lienholder in the judicial foreclosure proceeding if the court finds that there is a complete absence of a justifiable issue of either law or fact raised by your objections or defenses. You have the right to cure your default at any time before the sale of your timeshare estate by payment of all past due loan payments or assessments, accrued interest, late fees, taxes, and all fees and costs incurred by the lienholder and trustee, including attorney's fees and costs, in connection with the default;" (6) the default being foreclosed, mortgage lien, assessment lien, or both, is clearly identified in the written notice required in item (5); (7) a period of at least thirty calendar days has elapsed since the sending of the notice of default and intent to sell by the trustee without receipt by the trustee of a written objection to the sale. (a) If the trustee receives a written objection to the sale from the obligor setting forth a specific objection to a sale of the timeshare estate by the trustee, the trustee may not proceed under this article. When a trustee is prohibited from proceeding under this article, the lienholder is required to file a foreclosure action as provided in Article 7 of Chapter 3 of Title 29. (b) If the court determines that there was a complete absence of justifiable issues of either law or fact raised by the objection received by the trustee under this section or the defenses raised in the subsequent judicial foreclosure proceeding, the lienholder is entitled to entry of a separate personal judgment against the obligor for reasonable attorney's fees and costs incurred by the mortgagee or managing entity, as applicable, in the judicial foreclosure action; (8) the notice of sale required by Section 27-32-335 has been recorded in the public records of the county in which the timeshare estate is located.
S.C. Code Ann. § 27-39-350 — SC Code / Title 27 / Chapter 39 / Article 3 / Section 27-39-350
SECTION 27-39-350. Disposition of proceeds from sale.
Status: in_force

If the property distrained brings more than the rent with costs at such sale the surplus shall be paid to the tenant, and the rent shall be paid to the landlord.
S.C. Code Ann. § 27-39-340 — SC Code / Title 27 / Chapter 39 / Article 3 / Section 27-39-340
SECTION 27-39-340. Persons who may be purchasers at sale.
Status: in_force

The landlord or any other person may become a purchaser at a sale of chattels under a distress warrant.
S.C. Code Ann. § 27-35-70 — SC Code / Title 27 / Chapter 35 / Section 27-35-70
SECTION 27-35-70. Person deemed in possession of real estate.
Status: in_force

In all cases of tenancy the owner, landlord or person entitled to possession shall be deemed to be in possession of the real estate used or occupied by the tenant and the tenant shall be deemed to be holding thereunder.
S.C. Code Ann. § 27-39-60 — SC Code / Title 27 / Chapter 39 / Article 1 / Section 27-39-60
SECTION 27-39-60. Counties and municipal corporations restricted from regulating rent charged for certain dwellings.
Status: in_force

No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single family, or multiple unit residential, or commercial rental property. This section may not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to the county or municipal corporation or from entering into any agreements with private persons which regulate the amount of rent to be charged for rental properties.
S.C. Code Ann. § 27-18-130 — SC Code / Title 27 / Chapter 18 / Section 27-18-130
SECTION 27-18-130. Intangible property held in fiduciary capacity for benefit of another; funds in individual retirement account or retirement plan for self-employed individuals or similar plan or account.
Status: in_force

(A) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within five years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary. (B) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable or distributable within the meaning of subsection (A) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory. (C) For the purpose of this section, a person who holds property as an agent for a business association is considered to hold the property in a fiduciary capacity for that business association alone, unless the agreement between him and the business association provides otherwise. (D) For the purposes of this chapter, a person who is considered to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.
S.C. Code Ann. § 27-31-220 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-220
SECTION 27-31-220. Liability of purchaser of apartment.
Status: in_force

The purchaser of an apartment (other than a purchaser at a foreclosure sale as described above in SECTION 27-31-210(b)) shall be jointly and severally liable with the seller for the amounts owing by the latter under SECTION 27-31-190 up to the time of the conveyance, without prejudice to the purchaser's right to recover from the other party the amounts paid by him as such joint debtor. The council of co-owners shall provide for the issuance and shall issue to any purchaser, upon his request, a statement of such amounts due by the seller and the purchaser's liability under this section shall be limited to the amount as set forth in the statement.
S.C. Code Ann. § 27-35-50 — SC Code / Title 27 / Chapter 35 / Section 27-35-50
SECTION 27-35-50. Sale of real estate under lease.
Status: in_force

When real estate is sold while under lease, the relationship of landlord and tenant is created ipso facto as between the purchaser and the tenant as if the purchaser had been the landlord in the first instance and the purchaser shall be entitled to all the benefits and rights under such lease as if he had been the lessor from the date of the purchase.
S.C. Code Ann. § 27-15-40 — SC Code / Title 27 / Chapter 15 / Section 27-15-40
SECTION 27-15-40. Grants to lessees of leased Catawba Indian lands.
Status: in_force

Each lessee of the Catawba Indian lands who shall deposit with the Secretary of State his lease and also the receipt or receipts of the former tax collector of the county wherein such lands may be situated for such taxes as may have been paid thereon, as heretofore required by law, shall be entitled to locate and receive a grant from the State (in the manner provided by law for granting vacant lands) for the land held by him under lease, upon payment of the usual fees, and thenceforth hold the land so granted in the same right as any other lands granted by this State are held.
S.C. Code Ann. § 27-6-30 — SC Code / Title 27 / Chapter 6 / Section 27-6-30
SECTION 27-6-30. Creation of property interests and powers of appointment.
Status: in_force

(A) Except as provided in subsections (B) and (C) and in SECTION 27-6-60(A), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (B) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in SECTION 27-6-20(B) or 27-6-20(C), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. A joint power with respect to community property or to marital property under a Uniform Marital Property Act held by individuals married to each other is a power exercisable by one person alone. (C) A nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
S.C. Code Ann. § 27-18-140 — SC Code / Title 27 / Chapter 18 / Section 27-18-140
SECTION 27-18-140. Unclaimed intangible property presumed abandoned; tax refund checks.
Status: in_force

(A) Intangible property held for the owner by a court, state, or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned. (B) Notwithstanding the provisions of subsection (A), tax refund checks as defined in Chapter 54 of Title 12 are presumed abandoned if unclaimed for a period of three months from the date the tax refund check was issued by the Department of Revenue. (C) This chapter does not apply to tax refund checks mailed to an owner, and not presented for payment, but not returned to the Department of Revenue by the Post Office for an unknown, undeliverable, or insufficient address.
S.C. Code Ann. § 27-35-170 — SC Code / Title 27 / Chapter 35 / Section 27-35-170
SECTION 27-35-170. Holding over following demand for possession; penalty.
Status: in_force

All tenants, whether for life or years, by sufferance or at will, or persons coming in under or by collusion with them who shall hold over after the legal determination of their estates, after demand made in writing for delivering possession thereof by the person having the reversion or remainder therein or his agent, for the space of three months after such demand shall forfeit double the value of the use of the premises, recoverable by action.
S.C. Code Ann. § 27-25-140 — SC Code / Title 27 / Chapter 25 / Section 27-25-140
SECTION 27-25-140. Statements of proceedings.
Status: in_force

The assignee or assignees and agent or agents shall lay, every three months, before the creditors or such committee as they may appoint, an exact statement of their proceedings. The creditors or their committee may, however, call the assignee or assignees and agent or agents oftener to account.
S.C. Code Ann. § 27-31-80 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-80
SECTION 27-31-80. Use of common elements.
Status: in_force

Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners.
S.C. Code Ann. § 27-18-20 — SC Code / Title 27 / Chapter 18 / Section 27-18-20
SECTION 27-18-20. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Administrator" means the State Treasurer, his agents, or representatives. (2) "Apparent owner" means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder. (3) "Attorney General" means the chief legal officer of this State. (4) "Banking organization" means a bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization. (5) "Business association" means a nonpublic corporation, joint stock company, investment company, business trust, partnership, or association for business purposes of two or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility. (6) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person. (7) "Financial organization" means a savings and loan association, cooperative bank, building and loan association, or credit union. (8) "Holder" means a person, wherever organized or domiciled, who is: (a) in possession of property belonging to another; (b) a trustee; or (c) indebted to another on an obligation. (9) "Insurance company" means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety, and wage protection insurance. (10) "Intangible property" includes: (a) monies, checks, drafts, deposits, interest, dividends, and income; (b) credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances except that intangible property does not include trading stamps and electronic entries representing trading stamps that are awarded to retail customers incident to the purchase of goods; (c) stocks and other intangible ownership interests in business associations; (d) monies deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions; (e) amounts due and payable under the terms of insurance policies; (f) amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and (g) tax refund checks issued by this State and returned to the Department of Revenue by the post office for an unknown, undeliverable, or insufficient address. (11) "Last known address" means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail. (12) "Lawful charge" means a charge for which there is a valid and enforceable written contract between the issuer and the owner of the instrument pursuant to which the issuer may impose the charge and the issuer regularly imposes the charge and does not regularly reverse or otherwise cancel the charge. (13) "Owner" means a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this chapter or his legal representative. (14) "Person" means an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity. (15) "State" means any state, district, commonwealth, territory, insular possession, or any other area subject to the legislative authority of the United States. (16) "Utility" means a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. (17) "Unclaimed" property includes: (a) checks or drafts mailed to an owner and returned as undeliverable; or (b) checks or drafts mailed to an owner and not presented for payment. Editor's Note 2011 Act No. 44, SECTIONS 1, 4, and 7, provide as follows: "SECTION 1. The General Assembly determines it is in the best interest of South Carolina, the electric cooperatives, and their members to advocate energy efficiency and renewable energy initiatives in South Carolina. "The General Assembly determines it is prudent to update and clarify procedures for South Carolina's electric cooperatives to contribute, allocate, and retire patronage capital. "The General Assembly determines it is prudent to clarify that South Carolina's electric cooperatives may utilize the defense known as the "business judgment rule". "The General Assembly determines it is in the best interest of South Carolina's electric cooperatives and their members that unclaimed patronage credits are hereafter exempt from the Uniform Unclaimed Property Act." "SECTION 4. The General Assembly determines it is in the best interests of South Carolina, the telephone cooperatives, and their members to assist with educational, charitable, and economic development efforts in the rural areas of South Carolina. "The General Assembly determines it is prudent to update and clarify the procedures for South Carolina's telephone cooperatives to contribute, allocate, and retire patronage capital. "The General Assembly determines it is prudent to clarify that the "business judgment rule" applies to South Carolina's telephone cooperatives. "The General Assembly determines it is in the best interest of South Carolina's telephone cooperatives and their members that unclaimed patronage credits are hereafter exempt from the Uniform Unclaimed Property Act." "SECTION 7. This act takes effect upon approval by the Governor and applies to patronage capital determined to be unclaimed as of the effective date of the act." Effect of Amendment The 2011 amendment in subsection (3) substituted "General" for "general"; deleted subsection (14) relating to patronage allocations; and renumbered subsections (15) through (18) as subsections (14) through (17) accordingly.
S.C. Code Ann. § 27-18-390 — SC Code / Title 27 / Chapter 18 / Section 27-18-390
SECTION 27-18-390. Authority of administrator to adopt rules.
Status: in_force

The administrator may adopt necessary rules to carry out the provisions of this chapter.
S.C. Code Ann. § 27-8-80 — SC Code / Title 27 / Chapter 8 / Section 27-8-80
SECTION 27-8-80. Condemnation of conservation easements.
Status: in_force

A person or entity empowered to condemn may condemn a conservation easement for other public purposes pursuant to applicable provisions of the 1976 Code or federal law. Holders of the conservation easement must be parties to the proceedings along with the owner of the land.
S.C. Code Ann. § 27-40-10 — SC Code / Title 27 / Chapter 40 / Article 1 / Section 27-40-10
SECTION 27-40-10. Short title.
Status: in_force

This chapter is known and may be cited as the South Carolina Residential Landlord and Tenant Act.
S.C. Code Ann. § 27-18-360 — SC Code / Title 27 / Chapter 18 / Section 27-18-360
SECTION 27-18-360. Restrictions on agreements to recover or assist in recovery of reported property; penalties.
Status: in_force

All agreements to pay compensation to recover or assist in the recovery of property reported under Section 27-18-180, made within twenty-four months after the date payment or delivery is made under Section 27-18-200 are unenforceable. It is unlawful for any person to seek or receive from any person or contract with any person for any fee or compensation for locating or purporting to locate any property which he knows has been reported or paid or delivered to the administrator pursuant to this chapter, in excess of fifteen percent of the value thereof returned to the owner. Any person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than the amount of the fee or charge he has sought or received or contracted for, nor more than ten times the amount, or imprisoned for not more than thirty days, or both.
S.C. Code Ann. § 27-32-120 — SC Code / Title 27 / Chapter 32 / Article 1 / Section 27-32-120
SECTION 27-32-120. Penalties for violation of chapter; effect on contract.
Status: in_force

(A)(1) If, upon investigation by the Real Estate Commission, a person is found to be in violation of this chapter, the commission shall inform the person of the violation by certified mail, return receipt requested. If the commission finds the violation is of a minor nature, it may assess a monetary fine. (2) Within ten days from receipt of the certified mail, the person found in violation of this chapter may pay the fine or take other remedial steps as the commission, in its sole discretion, may require. If a fine is not paid and other remedial agreement is not reached within the time allowed or any extension of time granted by the commission, the person may be prosecuted for the violation as otherwise provided in this section. (3) The commission may release a person found in violation of this chapter from any further liability to the State arising from the violation, once the person pays the fine or agrees to remedial action. (B) A person who wilfully violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not more than five thousand dollars for each violation. Conviction for a second offense is a misdemeanor and the person must be fined not more than five thousand dollars or imprisoned not more than six months, or both, for each violation. Conviction for a third or subsequent offense is a felony and the person must be fined not more than five thousand dollars or imprisoned not more than five years, or both, for each violation. For purposes of this chapter, a wilful violation occurs when the person committing the violation knew or should have known that his conduct was a violation of this chapter. (C) In addition to the penalties provided in this section, a contract for the sale of an interest in a vacation time sharing plan in violation of this chapter is voidable at the sole option of the purchaser and entitles the purchaser to a refund of all consideration paid by him pursuant to the contract.
S.C. Code Ann. § 27-40-640 — SC Code / Title 27 / Chapter 40 / Article 7 / Section 27-40-640
SECTION 27-40-640. Landlord's noncompliance as defense to action for possession or rent.
Status: in_force

(a) In an action for possession based upon nonpayment of the rent or in an action for rent concerning a period when the tenant is in possession, the tenant may rely on the rental agreement or the provisions of this chapter to assert defenses and to counterclaim for any amount recoverable thereunder. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover, in addition to actual damages, reasonable attorney's fees. (b) Notwithstanding the provisions of subsection (a), a tenant is considered to have waived violation of a landlord's duty to maintain the premises as set forth by the rental agreement or violation of the landlord's duties under SECTION 27-40-440 as a defense in an action for possession based upon nonpayment of rent or in an action for rent concerning a period where: (1) the landlord has no notice of the violation of the duties fourteen days before rent is due for violations of SECTION 27-40-440 involving services other than essential services; or (2) the landlord has no notice before rent is due which provides a reasonable opportunity to make emergency repairs necessary for the provision of essential services. (c) In an action for rent concerning a period when the tenant is not in possession, he may assert defenses and counterclaims as provided in subsection (a) but is not required to pay any rent as required by SECTION 27-40-790.
S.C. Code Ann. § 27-27-100 — SC Code / Title 27 / Chapter 27 / Section 27-27-100
SECTION 27-27-100. Chapter not applicable in certain cases.
Status: in_force

The provisions of this chapter shall not extend to any person who has entered on land by virtue of any contract made with the legal owner of such land, unless it shall appear, on the trial of the action, that such owner has neglected to fulfill such contract of his part, in which case such person in possession shall be entitled to all the privileges in this chapter provided for those who entered upon land under supposed title and the same proceedings shall be had and the land shall be held in the same manner as herein provided for such cases.
S.C. Code Ann. § 27-37-110 — SC Code / Title 27 / Chapter 37 / Section 27-37-110
SECTION 27-37-110. Effect of verdict for defendant.
Status: in_force

If the verdict be for the defendant then the tenant shall remain in possession until (a) the termination of his tenancy by agreement or operation of law, (b) failure or neglect to pay rent or (c) ejected in another proceeding under this chapter or by the judgment of a court of competent jurisdiction.
S.C. Code Ann. § 27-31-140 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-140
SECTION 27-31-140. Merger as bar to subsequent horizontal property regime.
Status: in_force

The merger provided for in SECTION 27-31-130 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this chapter.
S.C. Code Ann. § 27-25-120 — SC Code / Title 27 / Chapter 25 / Section 27-25-120
SECTION 27-25-120. Deposit of proceeds of sales.
Status: in_force

The proceeds arising from the sales of the property assigned shall be deposited for safekeeping in a national bank within the State or some banking institution incorporated by the State, in the joint names of the assignee or assignees and agent or agents and subject to their joint drafts.
S.C. Code Ann. § 27-19-110 — SC Code / Title 27 / Chapter 19 / Article 1 / Section 27-19-110
SECTION 27-19-110. Compensation of person making good title to land within five years.
Status: in_force

If any person shall appear within five years and make good title to such lands in the court of common pleas on an issue tried, he shall forthwith receive adequate compensation.
S.C. Code Ann. § 27-18-210 — SC Code / Title 27 / Chapter 18 / Section 27-18-210
SECTION 27-18-210. Liability of holder after payment or delivery to administrator; payments to owners of property turned over to administrator; recovery of property turned over to administrator; administrator to defend holder against claims for property paid or delivered to administrator; "good faith" defined; payment of costs of safe deposit box or other safekeeping repository.
Status: in_force

(A) Upon the payment or delivery of property to the administrator, the State assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the administrator in good faith is relieved of all liability to the extent of the value of the property paid or delivered for any claim then existing or which thereafter may arise or be made in respect to the property. (B) A holder who has paid money to the administrator pursuant to this chapter may make payment to any person appearing to the holder to be entitled to payment and, upon filing proof of payment and proof that the payee was entitled thereto, the administrator shall promptly reimburse the holder for the payment without imposing any fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a travelers check or money order, the holder must be reimbursed under this subsection upon filing proof that the instrument was duly presented and that payment was made to a person who appeared to the holder to be entitled to payment. The holder must be reimbursed for payment made under this subsection even if the payment was made to a person whose claim was barred under Section 27-18-300(A). (C) A holder who has delivered property (including a certificate of any interest in a business association) other than money to the administrator pursuant to this chapter may reclaim the property if still in the possession of the administrator, without paying any fee or other charge, upon filing proof that the owner has claimed the property from the holder. (D) The administrator may accept the holder's affidavit as sufficient proof of the facts that entitle the holder to recover money and property under this section. (E) If the holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim. (F) For the purposes of this section, "good faith" means that: (1) payment or delivery was made in a reasonable attempt to comply with this chapter; (2) the person delivering the property was not a fiduciary then in breach of trust in respect to the property and had a reasonable basis for believing, based on the facts then known to him, that the property was abandoned for the purposes of this chapter; and (3) there is no showing that the records pursuant to which the delivery was made did not meet reasonable commercial standards of practice in the industry. (G) Property removed from a safe deposit box or other safekeeping repository is received by the administrator subject to the holder's right under this subsection to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The administrator shall reimburse or pay the holder out of the proceeds remaining after deducting the administrator's selling cost.
S.C. Code Ann. § 27-18-85 — SC Code / Title 27 / Chapter 18 / Section 27-18-85
SECTION 27-18-85. Property payable or distributable in the course of demutualization of insurance company; abandonment.
Status: in_force

Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed abandoned five years after the earlier of the date: (1) of last contact with the policyholder; or (2) the property became payable or distributable. This section does not apply to amounts due and owing to the State or a political subdivision of the State.
S.C. Code Ann. § 27-40-520 — SC Code / Title 27 / Chapter 40 / Article 5 / Section 27-40-520
SECTION 27-40-520. Rules and regulations.
Status: in_force

(a) A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if: (1) their purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; (2) they are reasonably related to the purpose for which they are adopted; (3) they apply to all tenants in the premises in a fair manner; (4) they are sufficiently explicit in their prohibition, direction, or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply; (5) they are not for the purpose of evading the obligations of the landlord; (6) the tenant has notice of them at the time he enters into the rental agreement, or when they are adopted. (b) Rules or regulations adopted after a tenant enters into a rental agreement are not valid as to such tenant if the rules or regulations substantially modify the tenant's bargain and after receiving notice upon adoption of his right to object, the tenant objects in writing to the landlord within thirty days after promulgation.
S.C. Code Ann. § 27-28-20 — SC Code / Title 27 / Chapter 28 / Section 27-28-20
SECTION 27-28-20. Purpose; definitions.
Status: in_force

(A) This chapter is intended to prohibit the use of real estate service agreements that are unfair to an owner of residential real estate or to other persons who may become owners of that real estate in the future. This chapter also prohibits the recording of such residential real estate service agreements so that the public records will not be clouded by them and provides remedies for owners who are inconvenienced or damaged by the recording of such agreements. (B) As used in this chapter: (1) "Person" means any individual, partnership, corporation, company, or association. (2) "Real estate service agreement" means a written contract between a service provider and the owner or potential buyer of residential real estate to provide services, current or future, in connection with the maintenance, purchase, or sale of residential real estate. (3) "Residential real estate" means real property located in this State which is used primarily for personal, family, or household purposes. (4) "Service provider" means a person who provides a service related to residential real estate, including a real estate broker. (5) "Unfair real estate service agreement" means a real estate service agreement that violates Section 27-28-30 or Section 27-28-40.
S.C. Code Ann. § 27-40-610 — SC Code / Title 27 / Chapter 40 / Article 7 / Section 27-40-610
SECTION 27-40-610. Noncompliance by landlord in general.
Status: in_force

(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with SECTION 27-40-440 materially affecting health and safety or the physical condition of the property, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice if the breach is not remedied within fourteen days. The rental agreement shall terminate as provided in the notice except that: (1) The rental agreement shall not terminate by reason of the breach: (i) if the breach is remedial by repairs or otherwise and the landlord adequately remedies the breach before the date specified in the notice; or (ii) if such remedy for a breach not affecting health and safety cannot be remedied within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time. (2) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with the tenant's permission or who is allowed access to the premises by the tenant. (b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief in a magistrate's or circuit court, without posting bond, for any noncompliance by the landlord with the rental agreement or SECTION 27-40-440. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees. (c) If the rental agreement is terminated, the landlord shall return security recoverable by the tenant under SECTION 27-40-410. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees.
S.C. Code Ann. § 27-47-210 — SC Code / Title 27 / Chapter 47 / Article 1 / Section 27-47-210
SECTION 27-47-210. Definitions.
Status: in_force

Subject to additional definitions contained in other provisions of law which apply to this chapter and unless the context otherwise requires: (1) "Manufactured home" means a structure transportable in one or more sections which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. (2) "Manufactured home owner" or "resident" means a person who owns a manufactured home and rents or leases a lot within a manufactured home park for residential use. (3) "Manufactured home park" means a use of land in which lots or spaces are offered for rent or lease for the placement of manufactured homes and in which the primary use of the park is residential. (4) "Manufactured home park owner" or "owner" means an owner or operator of a manufactured home park. (5) "Rental agreement" means a written mutual understanding or lease between a resident and an owner in which the resident may place his manufactured home on a lot for direct or indirect remuneration of the owner. (6) "Tenancy" means the temporary possession or occupancy of a manufactured home park lot by a resident pursuant to a rental agreement. (7) "User fees" means the amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the owner to the resident under a separate written agreement between the resident and the person furnishing the service.
S.C. Code Ann. § 27-50-70 — SC Code / Title 27 / Chapter 50 / Article 1 / Section 27-50-70
SECTION 27-50-70. Listing agent to notify owner of disclosure obligations; liability for refusal or inaccuracy of disclosure statement.
Status: in_force

(A) A listing agent or any real estate licensee operating for any party in a residential real estate transaction must inform in writing each owner covered by the listing agreement of the owner's obligations prescribed in this article. If the listing agent performs this duty, he is not liable for the owner's refusal or failure to provide a prospective purchaser with a disclosure statement. (B) This article does not conflict with or alter the duties of the real estate licensee pursuant to the regulations of the commission. The real estate licensee, whether acting as the listing agent or selling agent, is not liable to a purchaser if: (1) the owner provides the purchaser with a disclosure form that contains false, incomplete, or misleading information; and (2) the real estate licensee did not know or have reasonable cause to suspect the information was false, incomplete, or misleading.
S.C. Code Ann. § 27-32-80 — SC Code / Title 27 / Chapter 32 / Article 1 / Section 27-32-80
SECTION 27-32-80. Transfer of seller's interest in plan or facilities to third party.
Status: in_force

It is a violation of this chapter for a seller of vacation time sharing plans to sell, lease, assign, or otherwise transfer or encumber the seller's interest in the vacation time sharing plan or the accommodations or facilities to a third party when the sale, lease, assignment, or other transfer substantially affects the rights of the purchasers of the vacation time sharing plan, unless: (1) the third party agrees in writing to honor fully the rights of purchasers of the vacation time sharing plan to occupy and use the accommodations or facilities; (2) the third party agrees in writing to honor fully the rights of purchasers of the vacation time sharing plan to cancel their contracts and receive an appropriate refund as provided in this chapter; (3) the third party agrees in writing to comply with the provisions of this chapter for as long as the third party continues to sell the vacation time sharing plan, or for as long as purchasers of the vacation time sharing plan are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and (4) written notice is sent to each purchaser of a vacation time sharing plan affected by the transfer by certified mail within thirty days of the sale, lease, assignment, or other transfer.
S.C. Code Ann. § 27-32-335 — SC Code / Title 27 / Chapter 32 / Article 3 / Section 27-32-335
SECTION 27-32-335. Contents, recording, and publication of notice of sale; right to cure default; copy to obligor; subsequent interests.
Status: in_force

(A) The notice of sale must set forth: (1) the names and notice addresses of the obligor, the record owner of the timeshare estate if different from the obligor, and the junior interest holders; (2) the name and address of the trustee; (3) a description of the existence of a default under the mortgage, the timeshare instrument, or applicable law; (4) the official record book and page numbers where the mortgage or the claim of lien is recorded; (5) the legal description of the timeshare estate; (6) the amount secured by the mortgage or the assessment lien, whichever is being foreclosed, accrued interest, and late charges as of the date of notice of sale and including a per diem amount to account for further accrual of interest and late charges, advances for the payment of taxes, insurance, and maintenance of the timeshare estate, and cost of the sale including a title search fee and reasonable trustee's and attorney's fees and costs; (7) a statement of the trustee's intention to sell the timeshare estate to satisfy the obligation; (8) the date, time, and place of sale to be held after 9:00 a.m. but before 4:00 p.m. on a regular business day not less than thirty days after the recording of the notice of sale. (B) The right of the obligor to cure the default or the right of the junior interest holder to redeem its interest continues up to the date the trustee issues the certificate of sale in accordance with Section 27-32-345. (C) The trustee must send a copy of the notice of sale on the date it is submitted for recording, by first class mail, postage prepaid, to the notice addresses of the obligor, the owner, if different from the obligor, and the junior interest holders. In addition, a copy of the notice of sale must be sent by certified or registered mail to the lienholder. (D) Except as provided in this article, no notice is required to be given to any person claiming an interest subsequent to the recording of the notice of sale as set forth in this section. The recording of the notice of sale has the same force and effect as the filing of a lis pendens in a judicial proceeding. (E) The trustee must publish the notice of sale in a newspaper of general circulation in the county in which the sale is to be held once a week for two consecutive weeks prior to the date of the sale. The last publication must occur at least five days prior to the sale.
S.C. Code Ann. § 27-32-100 — SC Code / Title 27 / Chapter 32 / Article 1 / Section 27-32-100
SECTION 27-32-100. Public offering statements; contents.
Status: reserved

It is a violation of this chapter for a person who sells or offers to sell an interest in a vacation time sharing plan subject to Section 27-32-20, to fail to provide to the prospective purchaser a separate written public offering statement regarding the vacation time sharing plan and the purchaser's rights and obligations associated with the purchase of an interest in that vacation time sharing plan. The written statement must be received by the purchaser before signing a contract for the sale of a vacation time sharing plan and must include: (1) the name and address of the seller; (2) a brief description of the interest being offered in the vacation time sharing plan; (3) the name of a person with the right to alter, amend, or add to charges to which the purchaser may be subject and the terms and conditions under which those charges may be imposed; (4) a general description of all furniture, fixtures, and appliances, if known, to be located in the accommodations during the time period purchased; (5) the nature and duration of each agreement between the person selling the vacation time sharing plans and the person managing the accommodations or other facilities of the time sharing plan; (6) a description of provisions to protect the purchaser's interest from loss due to foreclosure on an underlying financial obligation of the vacation time sharing plan; (7) a description of assurances of completion required pursuant to Section 27-32-140; (8) the date of availability of each amenity of the offered accommodations and facilities if they are not completed at the time of sale of each vacation time sharing plan; (9) a statement, if applicable, that the salespersons for the vacation time sharing plan represent the seller and not the prospective purchaser; (10) a statement, substantially similar to the following: "You should purchase a time sharing interest as a vacation experience and for your personal use and enjoyment. You should not purchase a time sharing interest as an investment or for profit upon its rental or resale."; (11) in immediate proximity to the space reserved on the disclosure statement for the signature of the purchaser and in bold type a statement as follows: "A purchaser should not rely upon representations other than those included in the contract and this disclosure statement." However, inclusion of this statement shall not impair the purchaser's right to bring any legal action based upon any cause of action arising from verbal statements; (12) a space for the signature of the purchaser acknowledging receipt of the disclosure statement and the date of receipt; and (13) other information the seller or the Real Estate Commission considers necessary for the protection of purchasers.
S.C. Code Ann. § 27-25-130 — SC Code / Title 27 / Chapter 25 / Section 27-25-130
SECTION 27-25-130. General powers of creditors.
Status: in_force

The creditors or such committee as they may appoint may direct and prescribe the time and mode of selling and the terms of sale or order a distribution of the assets on hand, and a final closing of the concern. And, in case of need, they may revoke and dismiss their agent or agents and name and appoint another or others in their stead.
S.C. Code Ann. § 27-40-340 — SC Code / Title 27 / Chapter 40 / Article 1 / Section 27-40-340
SECTION 27-40-340. Separation of rents and obligations to maintain property forbidden.
Status: in_force

A rental agreement, assignment, conveyance, trust deed, mortgage, or security instrument may not permit the receipt of rent absent the obligation to comply with SECTION 27-40-440(a).
S.C. Code Ann. § 27-8-30 — SC Code / Title 27 / Chapter 8 / Section 27-8-30
SECTION 27-8-30. Conservation easements generally; creation, duration and effect; conveyances.
Status: in_force

(A) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements and must be recorded in the same manner as other easements. (B) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance in the office of the register of deeds for each county where the land burdened by the conservation easement lies. (C) Except as provided in Section 27-8-40(B), a conservation easement is unlimited in duration unless the instrument creating it provides otherwise. (D) An interest in real property in existence at the time a conservation easement is created is not impaired by the easement unless the owner of the interest is a party to the conservation easement or consents to it. (E)(1) A conservation easement may be conveyed to a holder without consideration by any local governmental body, including a county, municipality, and other political subdivision, if the conveyance is authorized by the elected members of the governmental body that owns the property to be burdened by the easement. (2) For the purposes of this subsection an elected member of a governmental body includes a member serving on the governmental body ex officio, provided that the member has been elected to another office. A governmental body consisting of appointed members may make a conveyance only with the approval of the elected members of the governmental body that appointed the members. (3) A governmental body proposing to convey an easement shall submit a proposal to the Advisory Board of the Heritage Trust Program, and the advisory board shall conduct a public hearing on the proposal within sixty days of receiving the proposal. The public hearing may be conducted by the advisory board by one or more members of the board or one or more members of the staff of the Heritage Trust Program as designated by the chairperson of the board. The persons conducting the hearing promptly shall submit to each member of the advisory board a written summary of the testimony, public comment, and other information presented at the hearing. Within thirty days after the hearing the advisory board shall approve or disapprove the proposal based on the testimony, public comment, and other information. The approval or disapproval by the advisory board may be indicated at a meeting of the board or by written ballot of the individual members. If the proposal is approved, the governmental body shall conduct a public hearing not less than thirty nor more than sixty days after the approval, at which the easement must be explained and public comment received. (4) For a governmental body to convey an easement under this subsection, at least two-thirds of the elected members of the governmental body shall approve the conveyance. No member of a governmental body that conveys an easement in accordance with this subsection is personally liable for the actions of the governmental body. (5) Items (2), (3), and (4) of this subsection do not apply to an easement burdening land that is adjacent to a river or river segment whose designation as a scenic river under the State Scenic Rivers Program has been ratified by the General Assembly under Section 49-29-90. Code Commissioner's Note 1997 Act No. 34, SECTION 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
S.C. Code Ann. § 27-11-10 — SC Code / Title 27 / Chapter 11 / Section 27-11-10
SECTION 27-11-10. State not precluded as to escheated lands by grants and the like.
Status: in_force

The State shall not be precluded by possession, grant, conveyance or any other cause or title from making inquest and sale of all such lands as have heretofore escheated to the State by the death of the person last seized thereof, any law, custom or usage to the contrary notwithstanding. But no lands claimed under grant or under an actual possession for five years prior to July 4, 1776 shall be affected by this section.
S.C. Code Ann. § 27-31-50 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-50
SECTION 27-31-50. More than one person may own apartment.
Status: in_force

Any apartment may be held and owned by more than one person as tenants in common or in any other real estate tenancy relationship recognized under the laws of this State.
S.C. Code Ann. § 27-47-20 — SC Code / Title 27 / Chapter 47 / Article 1 / Section 27-47-20
SECTION 27-47-20. Purposes and policies of chapter; liberal construction.
Status: in_force

(A) This chapter must be construed liberally and applied to promote its underlying purposes and policies. (B) The underlying purposes and policies of this chapter are to: (1) provide for the rights and obligations of manufactured home owners and manufactured home park owners and clarify the law governing the renting or leasing of residential lots in a manufactured home park in which five or more lots are offered for rent or lease; (2) encourage manufactured home park owners and manufactured home owners to maintain and improve the quality of housing.
S.C. Code Ann. § 27-31-110 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-110
SECTION 27-31-110. Plot plan and building plan.
Status: in_force

There must be attached to the master deed or lease, at the time it is filed for record, a map or plat showing the horizontal and vertical location of any building which is proposed or in existence and other improvements within the property boundary, which shall have the seal and signature of a registered land surveyor licensed to practice in this State. There must also be attached a plot plan of the completed or proposed construction showing the location of the building which is proposed or in existence and other improvements, and a set of floor plans of the building which must show graphically the dimensions, area, and location of each apartment therein and the dimension, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, must be shown graphically insofar as possible and must be described in detail in words and figures. The building plans must be certified to by an engineer or architect authorized and licensed to practice his profession in this State.
S.C. Code Ann. § 27-29-90 — SC Code / Title 27 / Chapter 29 / Section 27-29-90
SECTION 27-29-90. Annual renewal reports.
Status: in_force

(a) Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a renewal report in the form prescribed by the rules of the commission. The report shall reflect any material changes in information contained in the original application for registration. The report may, at the option of the commission, be consolidated with the annual renewal report required by Section 27-29-200(c). (b) The commission at its option may permit the filing of annual renewal reports within thirty days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.
S.C. Code Ann. § 27-18-300 — SC Code / Title 27 / Chapter 18 / Section 27-18-300
SECTION 27-18-300. Periods of limitation.
Status: in_force

(A) The expiration, after the effective date of this chapter, of any period of time specified by contract, statute, or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter. (B) No action or proceeding may be commenced by the administrator with respect to any duty of a holder under this chapter more than ten years after the duty arose.
S.C. Code Ann. § 27-25-100 — SC Code / Title 27 / Chapter 25 / Section 27-25-100
SECTION 27-25-100. Effect of neglect or refusal of creditors to appoint agents.
Status: in_force

Should the creditors refuse or neglect to appoint an agent or agents within ten days after they have been called together by the assignee or assignees, the assignee or assignees may forthwith proceed to sell or otherwise dispose of the assigned effects, without the concurrence of the creditors.
S.C. Code Ann. § 27-40-930 — SC Code / Title 27 / Chapter 40 / Article 9 / Section 27-40-930
SECTION 27-40-930. Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 27-40-510 — SC Code / Title 27 / Chapter 40 / Article 5 / Section 27-40-510
SECTION 27-40-510. Tenant to maintain dwelling unit.
Status: in_force

A tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) keep the dwelling unit and that part of the premises that he uses reasonably safe and reasonably clean; (3) dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner; (4) keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean; (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises; (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant's permission or who is allowed access to the premises by the tenant; (7) conduct himself and require other persons on the premises with the tenant's permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant's peaceful enjoyment of the premises; (8) comply with the lease and rules and regulations which are enforceable pursuant to SECTION 27-40-520.
S.C. Code Ann. § 27-35-10 — SC Code / Title 27 / Chapter 35 / Section 27-35-10
SECTION 27-35-10. Tenancies created by oral agreement.
Status: in_force

A tenancy for not to exceed one year may be created by oral agreement.
S.C. Code Ann. § 27-32-505 — SC Code / Title 27 / Chapter 32 / Article 5 / Section 27-32-505
SECTION 27-32-505. Purposes of article.
Status: in_force

The General Assembly declares that the purposes of this article are to recognize that: (A) Vacation time sharing plans are created as authorized by statute with most of the older vacation time sharing properties based on a horizontal property regime structure, and many of these older vacation time sharing properties are approaching the termination dates set forth in their governing documents, some of which governing documents address termination or extension of the vacation time sharing property and some of which do not address termination or extension. (B) In order to provide the owners of vacation time sharing interests with the right to terminate vacation time sharing plans or to extend the terms of vacation time sharing plans and preserve the continued use, enjoyment, and tax values of these time sharing properties, the General Assembly further declares that the public policy of this State requires the creation of a statutory method to enable the owners of these vacation time sharing properties to either terminate their vacation time sharing plans or extend the terms of their vacation time sharing plans, notwithstanding contrary provisions in their governing documents which may create uncertainty for purchasers, prospective purchasers, owners, and lenders, and which may discourage the ongoing maintenance, refurbishment, and improvement of these vacation time sharing properties.
S.C. Code Ann. § 27-45-50 — SC Code / Title 27 / Chapter 45 / Section 27-45-50
SECTION 27-45-50. Retention of record of efforts to locate lender of property.
Status: in_force

Record of a nonprofit organization's efforts to locate the lender as required by SECTION 27-45-30 or 27-45-40 must be retained by the nonprofit organization for a period of not less than ten years following the date the nonprofit organization claims title to the property.
S.C. Code Ann. § 27-5-40 — SC Code / Title 27 / Chapter 5 / Section 27-5-40
SECTION 27-5-40. Feoffment with livery of seizin shall not defeat remainder.
Status: in_force

No estate in remainder, whether vested or contingent, shall be defeated by any deed of feoffment with livery of seizin.
S.C. Code Ann. § 27-31-280 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-280
SECTION 27-31-280. Council of co-owner's right of access.
Status: in_force

The council of co-owners shall have the irrevocable right, to be exercised by the administrator or the board of administration, or other form of administration specified in the bylaws, to have access to each apartment from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common elements or to another apartment or apartments.
S.C. Code Ann. § 27-32-355 — SC Code / Title 27 / Chapter 32 / Article 3 / Section 27-32-355
SECTION 27-32-355. Trustee's deed; release of lien extinguished by sale.
Status: in_force

Ten days after a sale, absent the filing and service on the trustee of a judicial action to enjoin issuance of the trustee's deed to the timeshare estate or objecting to the sale on the grounds that the requirements of this article were not met by the trustee, the trustee must issue a trustee's deed to the purchaser at the sale. This deed must be recorded in the Register of Deeds office in the county in which the timeshare estate is located. In addition, the trustee must prepare the necessary release or satisfaction of any lien extinguished by the sale and file those documents and the trustee's deed at the appropriate Register of Deeds office.
S.C. Code Ann. § 27-7-10 — SC Code / Title 27 / Chapter 7 / Section 27-7-10
SECTION 27-7-10. Form of conveyance of fee simple; witnesses.
Status: in_force

The following form or purport of a release shall, to all intents and purposes, be valid and effectual to carry from one person to another or others the fee simple of any land or real estate if it shall be executed in the presence of and be subscribed by two or more credible witnesses: "The State of South Carolina. "Know all men by these presents that I, A B, of __________, in the State aforesaid, in consideration of the sum of ___ dollars, to me in hand paid by C D of __________ County, State of __________, the receipt of which is hereby acknowledged, have granted, bargained, sold and released and by these presents do grant, bargain, sell and release unto the said C D all that (here describe the premises), together with all and singular the rights, members, hereditaments and appurtenances to said premises belonging or in any wise incident or appertaining; to have and to hold all and singular the premises before mentioned unto said C D, his heirs and assigns, forever. And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend all and singular said premises unto said C D, his heirs and assigns, against myself and my heirs and against every person whomsoever lawfully claiming or to claim the same, or any part thereof. "Witness my hand and seal this ___ day of __________ in the year of our Lord __________ and in the ___ year of the independence of the United States of America. "__________ [L.S.]"
S.C. Code Ann. § 27-41-20 — SC Code / Title 27 / Chapter 41 / Section 27-41-20
SECTION 27-41-20. Proportion of rent to be paid at death of life tenant.
Status: in_force

If such tenant for life die on the day on which the rent was payable, the whole of such rent shall be so recovered but if such tenant for life die before such day a proportion of such rent, according to the time such tenant for life lived of the last year or quarter of a year, or other time in which the rent was growing due as aforesaid, making all just allowances, shall be so recovered; or a reasonable part thereof, respectively, shall be so recovered if the recovery of the whole or such portion thereof as aforesaid shall be unreasonable.
S.C. Code Ann. § 27-35-180 — SC Code / Title 27 / Chapter 35 / Section 27-35-180
SECTION 27-35-180. Penalty for not delivering possession after notice of intent to quit.
Status: in_force

In case any tenant shall give notice in writing of his intention to quit the premises rented by him and shall not accordingly deliver up the possession at the time in such notice contained, the tenant, his executors or administrators, shall pay to the landlord double the rent which he otherwise would have been liable to pay. But nothing herein contained shall be construed to give such tenant a right to discontinue or determine his tenancy by such notice in any other manner than according to the laws of force at the time of giving such notice.
S.C. Code Ann. § 27-1-30 — SC Code / Title 27 / Chapter 1 / Section 27-1-30
SECTION 27-1-30. Appointment of surveyors where land title in dispute; nomination by court.
Status: in_force

In case either of the parties shall refuse to nominate a surveyor duly sworn and qualified, the court shall proceed to nominate two or more such surveyors, as it shall think fit, in order for the better finding out and discovering the truth of the matter in difference. If the court shall acquiesce in the return of the surveyors so given in on oath as aforesaid it shall be allowed as evidence.
S.C. Code Ann. § 27-25-40 — SC Code / Title 27 / Chapter 25 / Section 27-25-40
SECTION 27-25-40. Assignment for benefit of creditors; appointment of agents by creditors.
Status: in_force

Whenever any debtor shall assign his property for the benefit of his creditors, the creditors may name and appoint an agent or agents, equal in number to the assignees, to act in their behalf jointly with the assignee or assignees named and appointed by the assignor.
S.C. Code Ann. § 27-47-410 — SC Code / Title 27 / Chapter 47 / Article 3 / Section 27-47-410
SECTION 27-47-410. Name and address of owner for purposes of service of process and receiving or receipting notices and demands; agent of owner for this and other purposes.
Status: in_force

(A) An owner shall disclose his name and address or a person authorized to act as his agent for the purposes of service of process and receiving or receipting notices and demands. The information required to be furnished by this section must be kept current, and this section may be enforced against a successor owner. (B) A person authorized to enter into a rental agreement on behalf of an owner who fails to comply with this section with regard to a rental agreement entered into on behalf of the owner becomes his agent for purposes of that rental agreement for: (1) service of process and receiving and receipting notices and demands; (2) performing the obligations of the owner under this chapter and under the rental agreement and expending or making available for the performance of the obligations rent collected from the resident and retained by the person on behalf of the owner.
S.C. Code Ann. § 27-13-40 — SC Code / Title 27 / Chapter 13 / Section 27-13-40
SECTION 27-13-40. Limitation on alien land ownership; lands acquired on foreclosure of mortgage.
Status: in_force

But SECTION 27-13-30 shall not apply to land purchased under proceedings, either by action or power of sale, to foreclose any mortgage acquired after March 9, 1896 by any alien or corporation controlled by aliens, but in such case such alien or corporation controlled by aliens shall not be entitled to hold such excess of land more than five years, unless the Comptroller General shall certify that a sale during that time would be materially detrimental to the interest of such alien or corporation controlled by aliens, in which case such alien or corporation controlled by aliens may hold such land for five years longer upon the same conditions.
S.C. Code Ann. § 27-25-30 — SC Code / Title 27 / Chapter 25 / Section 27-25-30
SECTION 27-25-30. Assignment for benefit of creditors; attack by creditor.
Status: in_force

Whenever any debtor shall assign his property for the benefit of his creditors, any creditor of such debtor, either by simple contract, specialty or in any other manner, may institute proceedings against the debtor, or the assignee named in the assignment, or both, or any other person properly party thereto, either to attack and set aside the deed of assignment or to enforce the provisions thereof, or for any other purpose whatever, without first obtaining and entering up judgment against the debtor upon the claim or demand so held by the creditor.
S.C. Code Ann. § 27-37-80 — SC Code / Title 27 / Chapter 37 / Section 27-37-80
SECTION 27-37-80. Jury trial.
Status: in_force

Either landlord or tenant may demand trial by jury. In such case a jury shall be summoned and a jury trial had as in any other civil case. Upon the testimony offered, under instructions by the magistrate as to the law, the jury shall find for either the landlord or tenant as in any other civil case.
S.C. Code Ann. § 27-39-280 — SC Code / Title 27 / Chapter 39 / Article 3 / Section 27-39-280
SECTION 27-39-280. Distraint after expiration of lease of tenant for life of another.
Status: in_force

When tenants pur autre vie hold over the tenements to them demised after the determination of such leases, any person having any rent in arrears or due upon any such lease may distrain for such arrears after the determination of the lease, in the same manner as he might have done if such lease had not been ended or determined; provided, that such distress be made within the space of six calendar months after the determination of such lease during the continuance of such landlord's title or interest and during the possession of the tenant from whom such arrears became due.
S.C. Code Ann. § 27-18-120 — SC Code / Title 27 / Chapter 18 / Section 27-18-120
SECTION 27-18-120. Intangible property distributable in course of dissolution of business association.
Status: in_force

Intangible property distributable in the course of a dissolution of a business association which remains unclaimed by the owner for more than one year after the date specified for final distribution is presumed abandoned.
S.C. Code Ann. § 27-19-350 — SC Code / Title 27 / Chapter 19 / Article 5 / Section 27-19-350
SECTION 27-19-350. Rights of persons under disability or absent from United States.
Status: in_force

Nothing herein contained shall prejudice the rights of individuals having legal title and who may be under the disabilities of infancy or lunacy or beyond the limits of the United States until three years after such disabilities shall be removed.
S.C. Code Ann. § 27-18-100 — SC Code / Title 27 / Chapter 18 / Section 27-18-100
SECTION 27-18-100. Business associations; refunds ordered by court or administrative agency.
Status: in_force

Except to the extent otherwise ordered by the court or administrative agency, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than one year after it became payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.
S.C. Code Ann. § 27-21-25 — SC Code / Title 27 / Chapter 21 / Section 27-21-25
SECTION 27-21-25. Use of certain drug paraphernalia by public schools or institutions of higher learning in science programs or courses.
Status: in_force

Notwithstanding the provisions of Section 27-21-20 of the 1976 Code or any other provision of law, if any glassware or other drug paraphernalia which is unclaimed and which would be useful in a science laboratory is recovered pursuant to Section 27-21-20, it must be made available first to the public schools and second to the public institutions of higher learning in the State for use in their science programs or courses before it may be sold at public auction or otherwise disposed of in accordance with that section.
S.C. Code Ann. § 27-30-170 — SC Code / Title 27 / Chapter 30 / Article 1 / Section 27-30-170
SECTION 27-30-170. Construction of article.
Status: in_force

No provision of this article may be construed to be in conflict with the provisions of the South Carolina Nonprofit Corporation Act.
S.C. Code Ann. § 27-15-50 — SC Code / Title 27 / Chapter 15 / Section 27-15-50
SECTION 27-15-50. Proceedings by lessee if lease be lost.
Status: in_force

If any lessee of the Catawba Indian lands, being in possession, shall not have it in his power to deposit the lease under which he holds, as required by SECTION 27-15-40, by reason of its loss or otherwise, such person shall file in the office of the Secretary of State a notice of his intention to apply for the issuing of a grant and shall publish such notice in one or more of the newspapers of the county in which such land is situated for at least three months before the time of such intended application. Such notice shall set forth the cause of the inability of such person to produce such lease and shall be verified by the oath of the applicant. And such grant shall thereupon issue if the person applying be otherwise entitled thereto, provided, that if any other person shall, within five years from the issuing of such grant, produce a lease of the premises so granted, such grant shall thereupon become null and void.
S.C. Code Ann. § 27-40-780 — SC Code / Title 27 / Chapter 40 / Article 7 / Section 27-40-780
SECTION 27-40-780. Landlord and tenant remedies for abuse of access.
Status: in_force

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in magistrates' or circuit court without posting bond to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees. (b) If the landlord knowingly makes an unlawful entry or repeated lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief in magistrates' or circuit court without posting bond to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages and reasonable attorney's fees.
S.C. Code Ann. § 27-31-90 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-90
SECTION 27-31-90. Incorporation of co-owners.
Status: in_force

Nothing herein contained shall prohibit any council of co-owners from incorporating pursuant to the laws of South Carolina for the purpose of the administration of the property constituted into a horizontal property regime. In the event of such incorporation, the percentage of stock ownership of each co-owner in the corporation shall be equal to the percentage of his right to share in the common elements as computed in accordance with the provisions of this chapter.
S.C. Code Ann. § 27-29-80 — SC Code / Title 27 / Chapter 29 / Section 27-29-80
SECTION 27-29-80. Order of the commission on application for registration.
Status: in_force

(a) Upon receipt of the application for registration in proper form, the commission shall issue a notice of filing to the applicant. Within ninety days from the date of the notice of filing, the commission shall enter an order registering the subdivided lands or rejecting the registration. If no order of rejection is entered within ninety days from the date of notice of filing, the land is considered registered unless the applicant has consented in writing to a delay. (b) If the commission affirmatively determines, upon inquiry and examination, that the requirements of Section 27-29-70 have been met, it shall enter an order registering the subdivided lands and shall designate the form of the public offering statement. (c) If the commission determines upon inquiry and examination that any of the requirements of Section 27-29-70 have not been met, the commission shall notify the applicant that the application for registration must be corrected in the particulars specified within fifteen days. If the requirements are not met within the time allowed the commission shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.
S.C. Code Ann. § 27-29-160 — SC Code / Title 27 / Chapter 29 / Section 27-29-160
SECTION 27-29-160. Remedies of purchaser of subdivided land.
Status: in_force

(a) Any person who disposes of subdivided lands in violation of SECTION 27-29-40, or who in disposing of subdivided lands makes an untrue statement of a material fact, or who in disposing of subdivided lands omits a material fact required to be stated in a registration statement or public offering statement or necessary to make the statements made not misleading, is liable as provided in this section to the purchaser unless in the case of an untruth or omission it is proved that the purchaser knew of the untruth or omission or that the person offering or disposing of subdivided lands did not know and in the exercise of reasonable care could not have known of the untruth or omission, or that the purchaser did not rely on the untruth or omission. (b) In addition to any other remedies, the purchaser, under the preceding subsection, may recover the consideration paid for the lot, parcel, unit or interest in subdivided lands together with interest at the rate of six percent per year from the date of payment, property taxes paid, costs, and reasonable attorneys' fees less the amount of any income received from the subdivided lands upon tender of appropriate instruments of reconveyance. If the purchaser no longer owns the lot, parcel, unit or interest in subdivided lands, he may recover the amount that would be recoverable upon a tender of a reconveyance, less the value of the land when disposed of and less interest at the rate of six percent per year on that amount from the date of disposition. (c) Every person who directly or indirectly controls a subdivider liable under subsection (a), every general partner, officer, or director of a subdivider, every person occupying a similar status or performing a similar function, every employee of the subdivider who materially aids in the disposition, and every agent who materially aids in the disposition is also liable jointly and severally with and to the same extent as the subdivider, unless the person otherwise liable sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. There is a right to contribution as in cases of contract among persons so liable. (d) Every person whose occupation gives authority to a statement which with his consent has been used in an application for registration or public offering statement, if he is not otherwise associated with the subdivision and development plan in a material way, is liable only for false statements and omissions in his statement and only if he fails to prove that he did not know and in the exercise of the reasonable care of a man in his occupation could not have known of the existence of the facts by reason of which the liability is alleged to exist. (e) A tender of reconveyance may be made at any time before the entry of judgment. (f) A person may not recover under this section in actions commenced more than four years after his first payment of money to the subdivider in the contested transaction. (g) Any stipulation or provision purporting to bind any person acquiring subdivided lands to waive compliance with this chapter or any rule or order under it is void.
S.C. Code Ann. § 27-18-180 — SC Code / Title 27 / Chapter 18 / Section 27-18-180
SECTION 27-18-180. Report of unclaimed property; notice to apparent owner.
Status: in_force

(A) A person holding tangible or intangible property, that is presumed abandoned and subject to custody as unclaimed property pursuant to this chapter, shall report to the administrator concerning the property as provided in this section. The action taken to report an unclaimed tax refund check to the administrator is not a violation of disclosure prohibitions described in Section 12-54-240. (B) The report must be verified and must include: (1) except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property of the value of fifty dollars or more presumed abandoned under this chapter; (2) in the case of unclaimed funds of fifty dollars or more held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds; (3) in the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder; (4) the nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items of value under fifty dollars each may be reported in the aggregate; (5) the date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and (6) other information the administrator prescribes by rule as necessary for the administration of this chapter. (C) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his name while holding the property, he shall file with his report all known names and addresses of each previous holder of the property. (D) The report must be filed before November first of each year as of June thirtieth, next preceding. On written request by any person required to file a report, the administrator may postpone the reporting date. (E) Not more than one hundred twenty days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at his last known address informing him that the holder is in possession of property subject to this chapter if: (1) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate; (2) the claim of the apparent owner is not barred by the statute of limitations; and (3) the property has a value of fifty dollars or more. (F) Notwithstanding Section 27-18-190, the State Treasurer shall only be required to publish a notice not later than April thirtieth of the year immediately following the report required by this section by electronic means or at least once in a newspaper of general circulation in the county in this State which is the last known address of any person named in the notice. Effect of Amendment The 2008 amendment added subsection (F) relating to publication annual reports.
S.C. Code Ann. § 27-39-10 — SC Code / Title 27 / Chapter 39 / Article 1 / Section 27-39-10
SECTION 27-39-10. Collection of agricultural rents and advances; liens therefor not affected.
Status: in_force

The remedy of distress given in Article 3 of this chapter shall not affect the right of a landlord to collect farm or agricultural rents by seizure or attachment of crops growing or gathered as provided by law, nor shall Chapters 33 through 41 of this Title affect liens for agricultural rents and for advances to agricultural tenants as otherwise provided by law.
S.C. Code Ann. § 27-33-30 — SC Code / Title 27 / Chapter 33 / Section 27-33-30
SECTION 27-33-30. Recordation of leases.
Status: in_force

In order to give notice to third persons any lease or agreement for the use or occupancy of real estate shall be recorded in the same manner as a deed of real estate.
S.C. Code Ann. § 27-31-180 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-180
SECTION 27-31-180. Records of receipts and expenditures.
Status: in_force

The administrator or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the property and its administration, and specifying the maintenance and repair expenses of the common elements and any other expenses incurred. Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.
S.C. Code Ann. § 27-28-30 — SC Code / Title 27 / Chapter 28 / Section 27-28-30
SECTION 27-28-30. Unfair real estate service agreements; exceptions.
Status: in_force

(A) A real estate service agreement is unfair, void, and in violation of this chapter if the agreement is to be in effect for more than one year and either expressly or implicitly aims to do any of the following: (1) run with the land or bind future owners of residential real estate identified in the real estate service agreement; (2) allow for the assignment of the right to provide services without notice or consent of the owner or buyer; or (3) create a lien, encumbrance, or other real property security interest. (B) A service provider has no right to a refund of the consideration paid to the owner or buyer in connection with an unfair real estate service agreement. (C) This chapter does not apply to the following types of agreements: (1) a home warranty or other type of similar product that covers the cost of maintenance of a major housing system, such as plumbing or electrical wiring, for a set period of time from the date a house is sold; (2) an insurance contract; (3) an option to purchase contract executed with a lease agreement or a contract for a deed; (4) a declaration created pursuant to Chapters 30 (Homeowner Association Act), 31 (Horizontal Property Act), and 32 (Vacation Time Share Plan) of this title or created pursuant to Chapter 31 of Title 33 (Nonprofit Corporation Act); (5) a maintenance or repair agreement entered into by a homeowners association in a common interest community; (6) a security agreement under Title 36 (the Uniform Commercial Code) relating to the sale or rental of personal property or fixtures; (7) the provision of water, sewer, electrical, telephone, cable, natural gas, propane, fuel oil, or other regulated utility service; (8) a property management contract; or (9) any actions regarding mechanics', laborers', or materialmen's liens or commercial real estate broker liens.
S.C. Code Ann. § 27-32-340 — SC Code / Title 27 / Chapter 32 / Article 3 / Section 27-32-340
SECTION 27-32-340. Certificate of compliance; contents; recording; reliance on lienholder for facts and circumstances of default.
Status: in_force

(A) On the date the trustee conducts a sale, the trustee must execute a duly acknowledged certificate of compliance and must record the certificate of compliance in the public records of the county in which the timeshare estate is located. (B) In the certificate of compliance, the trustee must: (1) set forth the manner of delivery of the notice of default and intent to sell under Section 27-32-330 with the required affidavit, state that the notice contained the conspicuous language required by Section 27-32-325, state that the default was not cured and the timeshare estate was not redeemed, and state that the trustee did not receive any written objection within the period required under Section 27-32-325. (2) confirm that the notice of sale was published as required by subsection (D) of Section 27-32-335 and attach an affidavit of publication for the notice of sale. (3) confirm that the notice of sale was mailed pursuant to Section 27-32-335 together with a list of the parties to whom the notice of sale was mailed and the address used for each party. (C) In furtherance of the execution and recording of the certificate of compliance required pursuant to this section, the trustee is entitled to rely upon an affidavit or certification from the lienholder as to the facts and circumstances of default and failure to curb the default.
S.C. Code Ann. § 27-1-60 — SC Code / Title 27 / Chapter 1 / Section 27-1-60
SECTION 27-1-60. Right of homeowner or tenant to fly United States flag; restrictive covenants and rental agreements; definitions.
Status: in_force

(A) Regardless of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning flags or decorations found in a deed, contract, lease, rental agreement, or homeowners' association document, any homeowner or tenant may display one portable, removable United States flag in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended, on the premises of the property of which he is entitled to use. (B)(1) No homeowners' association document may preclude the display of one portable, removable United States flag by homeowners. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended. (2) No restrictive covenant in a deed may preclude the display of one portable, removable United States flag on the property. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended. (3) No rental agreement, lease, or contract may preclude the display of one portable, removable United States flag on the premises of any tenant. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended. (C) For purposes of this section: (1) "homeowner" means a person who holds title to real property, in fee simple or otherwise including, but not limited to, an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time sharing plan, and a co-owner under a horizontal property regime; (2) "homeowners' association" has the same meaning as provided in Section 12-43-230; (3) "homeowners" association document' includes, but is not limited to, declarations of covenants, articles of incorporation, bylaws, or any similar document concerning the rights of property owners to use their property; and (4) "tenant" means any tenant under a rental agreement executed pursuant to Chapter 40, Title 27, any tenant under a rental agreement executed pursuant to Chapter 47, Title 27, any tenant under a vacation time sharing plan, any tenant under a horizontal property regime, and any person who leases commercial or residential real property under a contractual agreement.
S.C. Code Ann. § 27-21-22 — SC Code / Title 27 / Chapter 21 / Section 27-21-22
SECTION 27-21-22. Sale of recovered property.
Status: in_force

A sheriff, police chief, or a designee may sell at public auction recovered property not reclaimed as provided by Section 27-21-20. At least ten days prior to the sale, the property must be advertised by publication in a local newspaper of general circulation where the property will be sold. A notice by publication may contain multiple listings of property to be sold.
S.C. Code Ann. § 27-29-180 — SC Code / Title 27 / Chapter 29 / Section 27-29-180
SECTION 27-29-180. Extradition.
Status: in_force

In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
S.C. Code Ann. § 27-18-270 — SC Code / Title 27 / Chapter 18 / Section 27-18-270
SECTION 27-18-270. Appeal of decision of administrator, court action to establish claim to property.
Status: in_force

A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety days after its filing may bring an action to establish the claim in the court of common pleas of Richland County naming the administrator as a defendant. The action must be brought within ninety days after the decision of the administrator or within one hundred eighty days after the filing of the claim if he has failed to act on it.
S.C. Code Ann. § 27-32-160 — SC Code / Title 27 / Chapter 32 / Article 1 / Section 27-32-160
SECTION 27-32-160. Grants in aid and contracts with similar agencies to further objectives.
Status: in_force

The commission may accept grants-in-aid from a private or public source and may contract with agencies charged with similar functions in this or other jurisdictions, in furtherance of the objectives of this chapter.
S.C. Code Ann. § 27-8-35 — SC Code / Title 27 / Chapter 8 / Section 27-8-35
SECTION 27-8-35. Easements excepted from public hearing requirement.
Status: in_force

The provisions of Section 27-8-30(E)(3) of the 1976 Code do not apply to an easement conveyed by a county or municipality if the county or municipality is compensated for the easement from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code, or if the donation of an easement by a municipality or county is an integral part of a larger proposal for which a grant or loan is made from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code.
S.C. Code Ann. § 27-31-10 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-10
SECTION 27-31-10. Short title.
Status: in_force

This chapter shall be known as the "Horizontal Property Act."
S.C. Code Ann. § 27-40-800 — SC Code / Title 27 / Chapter 40 / Article 7 / Section 27-40-800
SECTION 27-40-800. Undertaking on appeal and order staying execution.
Status: in_force

(a) Upon appeal to the circuit court, the case must be heard, in a manner consistent with other appeals from magistrates' court, as soon as is feasible after the appeal is docketed. (b) It is sufficient to stay execution of a judgment for ejectment that the tenant sign an undertaking that he will pay to the landlord the amount of rent, determined by the magistrate in accordance with SECTION 27-40-780, as it becomes due periodically after the judgment was entered. Any magistrate, clerk, or circuit court judge shall order a stay of execution upon the undertaking. (c) The undertaking by the tenant and the order staying execution may be substantially in the following form: Bond to Stay Execution on Appeal to Circuit Court Now comes the tenant in the above entitled action and respectfully shows the court that a judgment of ejectment was issued against the tenant and for the landlord on the ___ day of __________, 19_, by the magistrate. Tenant has appealed the judgment to the circuit court. Pursuant to the findings of the magistrate, the tenant is obligated to pay rent in the amount of $_____ per _____, due on the ___ day of each __________. Tenant hereby undertakes to pay the periodic rent hereinafter due according to the aforesaid findings of the court and moves the circuit court to stay execution on the judgment for ejectment until this matter is heard on appeal and decided by the circuit court. This the __________ day of __________, 19___ _ Tenant Upon execution of the above bond, execution on the judgment of ejectment is hereby stayed until the action is heard on appeal and decided by the circuit court. If tenant fails to make any rental payment within five days of the due date, upon application of the landlord, the stay of execution shall dissolve, the appeal by the tenant to the circuit court on issues dealing with possession must be dismissed and the sheriff may dispossess the tenant. This the __________ day of __________, 19___ _ Judge (d) If either party disputes the amount of the payment or the due date in the undertaking, the aggrieved party may move for modification of the terms of the undertaking before the circuit court. Upon the motion and upon notice to all interested parties, the court shall hold a hearing as soon as is feasible after the filing of the motion and determine what modifications, if any, are appropriate. No judgment for ejectment may be executed pending a hearing on the motion, provided the tenant complied with the terms of the undertaking. (e) If the tenant fails to make a payment within five days of the due date according to the undertaking and order staying execution, the clerk, upon application of the landlord, shall issue a warrant of ejectment to be executed pursuant to SECTION 27-37-40 of the 1976 Code. (f)(1) Upon appeal to the Supreme Court or to the court of appeals, it is sufficient to stay execution of a judgment for ejectment that the tenant sign an undertaking that he will pay to the landlord the amount of rent, determined by order of the judge of the circuit court, as it becomes due periodically after judgment was entered. The judge of the court having jurisdiction shall order stay of execution upon the undertaking. (2) The tenant's failure to comply with the terms of the undertaking entitles the landlord to execution of the judgment for possession in accordance with the provisions of subsection (e) of this section.
S.C. Code Ann. § 27-50-60 — SC Code / Title 27 / Chapter 50 / Article 1 / Section 27-50-60
SECTION 27-50-60. Corrected disclosure statements; reasonable repairs before closing.
Status: in_force

If the owner discovers, after his delivery of a disclosure statement to a purchaser, a material inaccuracy in the disclosure statement or the disclosure is rendered inaccurate in a material way by the occurrence of some event or circumstance, the owner shall correct promptly the inaccuracy by delivering a corrected disclosure statement to the purchaser or make reasonable repairs necessitated by the occurrence before closing.
S.C. Code Ann. § 27-30-140 — SC Code / Title 27 / Chapter 30 / Article 1 / Section 27-30-140
SECTION 27-30-140. Annual budget increases; notice requirements.
Status: in_force

(1) Before a homeowners association may take action to increase an annual budget in any single year, the homeowners association must provide notice to homeowners at least forty-eight hours in advance of the meeting in which a decision to raise the annual budget is made. Notice of the meeting may be through posting notice: (a) in a conspicuous place in a common area in the community; (b) on an Internet website maintained by the homeowners association; (c) by electronic mail; or (d) through methods provided in the association's bylaws that ensure actual notice. (2) The provisions of this section do not apply to a homeowners association that is incorporated under the South Carolina Nonprofit Corporation Act found in Chapter 31, Title 33.
S.C. Code Ann. § 27-50-240 — SC Code / Title 27 / Chapter 50 / Article 2 / Section 27-50-240
SECTION 27-50-240. Vacation rental agreements; evidence of acceptance; trust accounts; advance payments; rental management company responsibilities.
Status: in_force

(A) An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this article. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following: (1) the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the Internet or other similar medium; (2) the tenant's payment of any monies towards the vacation rental agreement; and (3) the tenant's taking possession of the property subject to the vacation rental agreement. (B) A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement. (C) A rental management company that executes a vacation rental agreement that does not conform to the provisions of this article or fails to execute a vacation rental agreement is subject to disciplinary action by the South Carolina Real Estate Commission under Section 40-57-145. (D) A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this article. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission. Editor's Note 2016 Act No. 170 rewrote Chapter 57, Title 40. Section 40-57-145, referenced in (C), was renumbered as 1976 Code SECTION 40-57-710.
S.C. Code Ann. § 27-40-910 — SC Code / Title 27 / Chapter 40 / Article 9 / Section 27-40-910
SECTION 27-40-910. Retaliatory conduct prohibited.
Status: in_force

(a) Except as provided in this section, a landlord shall not retaliate by increasing rent to an amount in excess of fair-market value or decreasing essential services or by bringing an action for possession after: (1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or (2) the tenant has complained to the landlord of a violation of this chapter. (b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in SECTION 27-40-660 as a defense in any retaliatory action against him for possession. If the defense by the tenant is without merit, the landlord is entitled to reasonable attorney's fees. If the defense is raised in bad faith, the landlord may recover up to three month's periodic rent or treble the actual damages, whichever is greater. If the landlord recovers damages under this section, he may not also recover damages under SECTION 27-40-760. (c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if: (1) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of his family, or other person on the premises with his permission or who is allowed access to the premises by the tenant, or (2) there is material noncompliance by the tenant under SECTION 27-40-710 or SECTION 27-40-720; or (3) compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. (d) The maintenance of an action under subsection (c) does not release the landlord from liability under subsection (b) of SECTION 27-40-610. (e) Notwithstanding the provisions of subsection (a) a landlord who rents more than four adjoining dwelling units on the premises may increase rent without there being a presumption of retaliation, provided that the increase applies uniformly to all tenants, or so long as the rent does not exceed the fair-market value. (f) In an action for possession where the tenant intends to raise a defense under this section, the tenant must notify the landlord in writing within ten days after service of the Rule to Vacate or Show Cause of his intent to do so. After the tenant has filed an Answer to the Rule, the court shall hear the matter as promptly as is feasible. (g) If the landlord retaliates against the tenant for engaging in conduct protected under section (a) by refusing to renew the lease, and if the tenant is not in default as to payment of rent, the landlord may not recover possession of the dwelling unit for seventy-five days and may not increase rent to an amount in excess of fair-market value or decrease essential services pending the recovery of the dwelling unit, provided that the tenant proves the landlord's violation of this chapter, the landlord had notice of such violation, and the landlord had notice of the tenant's complaint prior to expiration of the lease. (h) Any landlord who acts in retaliation against the tenant for engaging in protected conduct is liable for damages up to three month's rent or treble the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees. Nothing in this section may be construed to prohibit an action for damages after a landlord has recovered possession of the dwelling unit in subsection (c), provided the ejectment was primarily in retaliation against the tenant's protected conduct.
S.C. Code Ann. § 27-47-130 — SC Code / Title 27 / Chapter 47 / Article 1 / Section 27-47-130
SECTION 27-47-130. Determination of jurisdiction and service of process.
Status: in_force

Jurisdiction and service of process must be determined pursuant to Section 27-40-130 with respect to a claim arising from a transaction to which this chapter applies.
S.C. Code Ann. § 27-27-80 — SC Code / Title 27 / Chapter 27 / Section 27-27-80
SECTION 27-27-80. Assessment of value of improvement; charge against land.
Status: in_force

If the verdict or decree shall be for the plaintiff in such action the jury or judge who may render it may at the same time render a verdict or decree for the defendant for so much money as the lands and tenements are so made better, after deducting the amount of damages, if any, recovered by the plaintiff in such action, and the lands and tenements as recovered shall be held to respond to such judgment for the defendant. But execution on such judgment shall issue only against such lands and tenements so recovered by the plaintiff in such action and shall not in any such case issue against the goods and chattels or other lands of the plaintiff.
S.C. Code Ann. § 27-31-130 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-130
SECTION 27-31-130. Waiver of regime and merger of apartment records with principal property.
Status: in_force

(A) All the co-owners or the sole owner of the property constituted into a horizontal property regime may waive the regime and regroup or merge the records of the individual apartments with the principal property, if the individual apartments are unencumbered, or if encumbered, if the creditors in whose behalf the encumbrances are recorded agree to accept as security the undivided portions of the property owned by the debtors. (B) Notwithstanding subsection (A), in the case of nonprofit long-term care retirement or life care facilities where there are co-owners, a two-thirds vote of the co-owners suffices to waive the regime and regroup or merge the records of the individual apartments with the principal property if the individual apartments are unencumbered, or if encumbered, if the creditors in whose behalf the encumbrances are recorded agree to accept as security the undivided portions of the property owned by the debtors.
S.C. Code Ann. § 27-19-40 — SC Code / Title 27 / Chapter 19 / Article 1 / Section 27-19-40
SECTION 27-19-40. Petition by person claiming land; proceedings thereon.
Status: in_force

Any person shall be heard on a traverse without delay in the court of common pleas, on a petition setting forth his rights, and the lands shall be committed to him if he shall show good evidence of his title, to hold until the right shall be found and discussed for the State and the claimant, such claimant finding sufficient security to prosecute his suit to effect, and without delay, and to render to the State the yearly value of such lands, if the right be found for the State.
S.C. Code Ann. § 27-29-60 — SC Code / Title 27 / Chapter 29 / Section 27-29-60
SECTION 27-29-60. Public offering statement.
Status: in_force

(a) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public offering statement submitted to the commission shall be in a form prescribed by rules and shall include the following: (1) the name and principal address of the subdivider; (2) a general description of the subdivided lands stating the total number of lots, parcels, units, or interests in the offering; (3) the significant terms of any encumbrances, easements, liens, and restrictions, including zoning and other regulations affecting the subdivided lands and each unit or lot, and a statement of all existing taxes and existing or proposed special taxes or assessments which affect the subdivided lands; (4) a statement of the use for which the property is offered; (5) information concerning improvements, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, date of completion, and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided lands; (6) additional information required by the commission to assure full and fair disclosure to prospective purchasers. (b) The public offering statement shall not be used for any promotional purposes before registration of the subdivided lands and afterwards only if it is used in its entirety. No person may advertise or represent that the commission approves or recommends the subdivided lands or disposition thereof. No portion of the public offering statement may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the commission requires it. (c) The commission may require the subdivider to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers, and no change in the substance of the promotional plan or plan of disposition or development of the subdivision may be made after registration without notifying the commission and without making appropriate amendment of the public offering statement. A public offering statement is not current unless all amendments are incorporated.
S.C. Code Ann. § 27-31-270 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-270
SECTION 27-31-270. Assessment and collection of taxes.
Status: in_force

Taxes, assessments and other charges of this State, or of any political subdivision, or of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each individual apartment, each of which shall be carried on the tax books as a separate and distinct entity for that purpose, and not on the building or property as a whole. No forfeiture or sale of the building or property as a whole for delinquent taxes, assessments or charges shall ever divest or in anywise affect the title to an individual apartment so long as taxes, assessments and charges on the individual apartment are currently paid.
S.C. Code Ann. § 27-50-110 — SC Code / Title 27 / Chapter 50 / Article 1 / Section 27-50-110
SECTION 27-50-110. Agreements by parties relating to physical condition of property to be sold "as is".
Status: in_force

Nothing in this article is intended to prevent the parties to a contract of sale from entering into agreements of any kind or nature with respect to the physical condition of the property to be sold including, but not limited to, agreements for the sale of real property "as is".
S.C. Code Ann. § 27-18-30 — SC Code / Title 27 / Chapter 18 / Section 27-18-30
SECTION 27-18-30. Property presumed abandoned; demand for payment not required.
Status: in_force

(A) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of a holder's business and has remained unclaimed by the owner for more than five years after it became payable or distributable is presumed abandoned. (B) Property is payable or distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment. Editor's Note 2011 Act No. 44, SECTIONS 1, 4, and 7, provide as follows: "SECTION 1. The General Assembly determines it is in the best interest of South Carolina, the electric cooperatives, and their members to advocate energy efficiency and renewable energy initiatives in South Carolina. "The General Assembly determines it is prudent to update and clarify procedures for South Carolina's electric cooperatives to contribute, allocate, and retire patronage capital. "The General Assembly determines it is prudent to clarify that South Carolina's electric cooperatives may utilize the defense known as the "business judgment rule". "The General Assembly determines it is in the best interest of South Carolina's electric cooperatives and their members that unclaimed patronage credits are hereafter exempt from the Uniform Unclaimed Property Act." "SECTION 4. The General Assembly determines it is in the best interests of South Carolina, the telephone cooperatives, and their members to assist with educational, charitable, and economic development efforts in the rural areas of South Carolina. "The General Assembly determines it is prudent to update and clarify the procedures for South Carolina's telephone cooperatives to contribute, allocate, and retire patronage capital. "The General Assembly determines it is prudent to clarify that the "business judgment rule" applies to South Carolina's telephone cooperatives. "The General Assembly determines it is in the best interest of South Carolina's telephone cooperatives and their members that unclaimed patronage credits are hereafter exempt from the Uniform Unclaimed Property Act." "SECTION 7. This act takes effect upon approval by the Governor and applies to patronage capital determined to be unclaimed as of the effective date of the act." Effect of Amendment The 2011 amendment deleted subsection (C) relating to patronage allocations.
S.C. Code Ann. § 27-39-30 — SC Code / Title 27 / Chapter 39 / Article 1 / Section 27-39-30
SECTION 27-39-30. Effect of payment of rent to grantor or conusor.
Status: in_force

No tenant shall be prejudiced or damaged by payment of any rent to any grantor or conusor or by breach of any condition for nonpayment of rent before notice shall be given to him of such grant by the conusee or grantee.
S.C. Code Ann. § 27-27-60 — SC Code / Title 27 / Chapter 27 / Section 27-27-60
SECTION 27-27-60. Sale of lands; division of proceeds; payment in lieu of sale.
Status: in_force

When final judgment shall be rendered as provided in SECTION 27-27-40 the court shall direct a sale of the land recovered in ejectment on the following terms: That out of the proceeds of sale the plaintiff in ejectment or his legal representative be paid the amount ascertained as the value of his land without improvements put thereon in good faith by the defendant and the surplus, if any, be paid to the occupying claimant or his legal representative. But this section shall not apply when the plaintiff in ejectment or his legal representative shall, within sixty days after the aforesaid special verdict, pay into the office of the clerk of the court, for the defendant, the value of the betterments as so found in such special verdict.
S.C. Code Ann. § 27-19-50 — SC Code / Title 27 / Chapter 19 / Article 1 / Section 27-19-50
SECTION 27-19-50. Damages for prosecution of escheat proceedings without probable cause.
Status: in_force

If any suit for property supposed to be escheated shall be prosecuted by the Secretary of State and the jury before whom the trial shall be had shall think there is no probable cause, the jury shall assess and award to the party aggrieved such damages as they shall think proper.
S.C. Code Ann. § 27-32-220 — SC Code / Title 27 / Chapter 32 / Article 1 / Section 27-32-220
SECTION 27-32-220. Limitations on payments from fund.
Status: in_force

These limitations apply to payments from the recovery fund: (1) Only the applicant's actual damages are paid from the recovery fund. An applicant may not recover punitive, special, or consequential damages or attorney's fees. (2) The fund is not liable for more than five thousand dollars for each transaction, regardless of the number of persons aggrieved or the number of time sharing interests involved in the transaction. (3) The liability of the fund may not exceed in the aggregate ten thousand dollars for any one registrant or licensee in a single calendar year and in no event may exceed twenty thousand dollars for any one registrant or licensee. (4) If the maximum liability of the fund is insufficient to pay in full the valid claims of all aggrieved persons whose claims relate to the same transaction or to the same registrant or licensee, the amount for which the fund is liable must be distributed among the claimants in a ratio that their respective claims bear to the total of the valid claims or in the manner as the Board of Arbitrators in its sole discretion shall decide. The Board of Arbitrators in its sole discretion is empowered to join in one action all claims having a common factual basis so that an equitable distribution from the fund may be achieved. (5) If valid claims against the fund exceed the monies it contains, the commission shall satisfy the unpaid claims or portions of them as soon as a sufficient amount of money has been deposited, together with interest at the rate of eight percent a year from the date of award. All claims against the fund must be made in the same order as the awards from it were authorized by the Board of Arbitrators. An award is not a claim against the State if it is not paid due to a lack of funds in the Vacation Time Sharing Recovery Fund.
S.C. Code Ann. § 27-39-40 — SC Code / Title 27 / Chapter 39 / Article 1 / Section 27-39-40
SECTION 27-39-40. Action for debt may be brought for rent on lease or demise for life.
Status: reserved

Any person having any rent in arrears or due upon any lease or demise for life or lives may bring an action of debt for such arrears of rent in the same manner as he might have done in case such rent were due and reserved upon a lease for years.
S.C. Code Ann. § 27-39-360 — SC Code / Title 27 / Chapter 39 / Article 3 / Section 27-39-360
SECTION 27-39-360. Remedy of distress deemed cumulative.
Status: in_force

The remedy of distress shall be deemed cumulative with respect to any other remedy for the collection of rent.
S.C. Code Ann. § 27-32-510 — SC Code / Title 27 / Chapter 32 / Article 5 / Section 27-32-510
SECTION 27-32-510. Extension of vacation time sharing plan terms; voting; quorum; proxy.
Status: in_force

(A) Unless the timeshare declaration provides a lower percentage, the vote or written consent, or both, of sixty percent of all eligible voting interests in a vacation time sharing plan may extend the term of the vacation time sharing plan at any time. If the term of a vacation time sharing plan is extended pursuant to this section, all rights, privileges, duties, and obligations created under applicable law or the timeshare declaration continue in full force to the same extent as if the extended termination date of the vacation time sharing plan were the original termination date of the vacation time sharing plan. (B) Unless the timeshare declaration specifically provides for a lower quorum, the quorum for a vacation time sharing association meeting to consider extension of the term of the vacation time sharing plan is fifty percent of all eligible voting interests in the vacation time sharing plan. (C) A vacation time sharing association meeting held to consider extension of the term of the vacation time sharing plan may be held at any time before the termination of the vacation time sharing plan. (D) The board of directors of the vacation time sharing association may determine that a voting interest that is delinquent in the payment of more than two years of assessments is ineligible to consent to or vote on an extension of the vacation time sharing plan unless the delinquency is paid in full before the consent or vote. A voting interest determined to be ineligible by the board of directors must be subtracted from the total percentage or number of all voting interests required to consent to or vote to approve the extension of the vacation time sharing plan and must not be considered for any purpose, including the percentage or number of voting interests necessary to constitute a quorum. (E) A proxy for a vote to extend a vacation time sharing plan pursuant to this section is valid for up to three years and is revocable unless the proxy states it is irrevocable.
S.C. Code Ann. § 27-27-30 — SC Code / Title 27 / Chapter 27 / Section 27-27-30
SECTION 27-27-30. Proceedings subsequent to judgment to recover value of improvements.
Status: in_force

The defendant in such action shall, within forty-eight hours after such judgment or during the term of the court in which it shall be rendered, file in the office of the clerk of the court in which such judgment was rendered a complaint against the plaintiff for so much money as the lands and tenements are so made better. The filing of such complaint shall be sufficient notice to the defendant in such complaint to appear and defend against it. All subsequent proceedings shall be had in accordance with the practice prescribed in this Code for actions generally.
S.C. Code Ann. § 27-23-60 — SC Code / Title 27 / Chapter 23 / Section 27-23-60
SECTION 27-23-60. Force and effect of parol leases.
Status: reserved

All estates, interests of freehold or terms of years, and any uncertain interests of, in, to or out of any lands, tenements or hereditaments, made or created by livery or seizin only or by parol and not put in writing and signed by the parties so making or creating them, or their agents thereunto lawfully authorized by writing, shall have the force and effect of estates at will only and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect, any consideration for making any such parol lease or estate or any former law or usage to the contrary notwithstanding, except leases not exceeding the term of one year from the time of entry whereupon the rent reserved to the landlord during such term shall amount unto two-thirds parts, at least, of the full improved value of the thing demised.
S.C. Code Ann. § 27-37-60 — SC Code / Title 27 / Chapter 37 / Section 27-37-60
SECTION 27-37-60. Trial of issue.
Status: in_force

If the tenant appear and contest ejectment the magistrate shall forthwith hear and determine the case as any other civil case, allowing trial by jury if demanded by either party.
S.C. Code Ann. § 27-32-350 — SC Code / Title 27 / Chapter 32 / Article 3 / Section 27-32-350
SECTION 27-32-350. Effect of sale on rights of parties; lienholder deficiency judgment; validity of sale presumed.
Status: in_force

(A) A sale conducted pursuant to Section 27-32-345 forecloses and terminates all interest in the timeshare estate of all persons to whom notice is given under Sections 27-32-325 and 27-32-330 and of any other person claiming by, through, or under such person. A failure to give notice to any person entitled to notice does not affect the validity of the sale as to persons notified. A person entitled to notice but not given notice has the rights of a person not made a defendant in a judicial foreclosure. Any subsequent foreclosure required by failure to notify a party under Section 27-32-330 may be conducted under this article. (B) On the issuance of a certificate of sale pursuant to Section 27-32-345, all rights of redemption foreclosed pursuant to this article terminate. (C) The lienholder has no right to any deficiency judgment against the obligor after a sale of the obligor's timeshare estate under this article as to the lien foreclosed. (D) The validity of the sale is presumed upon the recording of the certificate of compliance and issuance of the certificate of sale.
S.C. Code Ann. § 27-8-90 — SC Code / Title 27 / Chapter 8 / Section 27-8-90
SECTION 27-8-90. Biennial review of plight of land loss.
Status: in_force

The Board of the Conservation Bank shall perform a biennial review of the plight of land loss by small landowners and holders of heirs' property. The results of this review, upon completion, must be published in an official board report and submitted to the South Carolina General Assembly for its use.
S.C. Code Ann. § 27-13-20 — SC Code / Title 27 / Chapter 13 / Section 27-13-20
SECTION 27-13-20. Titles derived through aliens legalized.
Status: in_force

Any citizen or alien who, prior to December 19, 1807, entered into any bona fide contract or received any grant or other deed of conveyance for or relating to any real property in this State or who derived their titles from or through aliens, either mediately or immediately, shall hold and enjoy it in fee simple or for any less estate, according to the nature of his contract, grant or other deed of conveyance, any law, usage or custom to the contrary thereof in any wise notwithstanding; provided, that nothing contained herein shall be so construed as to interfere with or at all invalidate any grant of real property which may, before December 19, 1807, have been made by the General Assembly unto any person or any body corporate or to affect in any measure descents cast before the date aforesaid.
S.C. Code Ann. § 27-18-250 — SC Code / Title 27 / Chapter 18 / Section 27-18-250
SECTION 27-18-250. Claims to property paid or delivered to administrator; recovery of interest on property.
Status: in_force

(A) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file with him a claim on a form prescribed by him and verified by the claimant. (B) The administrator shall consider each claim within ninety days after it is filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant. (C) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if it has been sold by the administrator together with any additional amount required by Section 27-18-220. If the claim is for property presumed abandoned under Section 27-18-110 which was sold by the administrator within three years after the date of delivery, the amount payable for that claim is the value of the property at the time the claim was made or the net proceeds of sale, whichever is greater. If the property claimed was interest-bearing to the owner on the date of surrender by the holder, the administrator also shall pay interest at a rate provided in Section 12-54-25 or any lesser rate the property earned while in the possession of the holder. Interest begins to accrue when the property is delivered to the administrator and ceases on the earlier of the expiration of ten years after delivery or the date on which payment is made to the owner. No interest on interest-bearing property is payable for any period before the effective date of this chapter. (D) Any holder who pays the owner for property that has been delivered to the State and which, if claimed from the administrator, would be subject to subsection (C) shall add interest as provided in subsection (C). The added interest must be repaid to the holder by the administrator in the same manner as the principal. Effect of Amendment The 2008 amendment, in subsection (C), in the third sentence substituted "12-54-25" for "12-54-20".
S.C. Code Ann. § 27-47-620 — SC Code / Title 27 / Chapter 47 / Article 7 / Section 27-47-620
SECTION 27-47-620. Notice of proposed rezoning.
Status: in_force

If an owner applies for rezoning of a park, a notice of the proposed rezoning must be posted at the park at least five days before the public hearing on the rezoning.
S.C. Code Ann. § 27-31-120 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-120
SECTION 27-31-120. Designation of apartments on plans; conveyance or lease of apartment.
Status: in_force

Each apartment must be designated, on the plans referred to in SECTION 27-31-110, by letter or number or other appropriate designation and any conveyance, lease, or other instrument affecting title to the apartment, which describes the apartment by using the letter or number followed by the words "in Horizontal Property Regime," is deemed to contain a good and sufficient description for all purposes. Any conveyance or lease of an individual apartment is deemed to also convey or lease the undivided interest of the owner in the common elements, both general and limited, appertaining to the apartment without specifically or particularly referring to same.
S.C. Code Ann. § 27-47-470 — SC Code / Title 27 / Chapter 47 / Article 3 / Section 27-47-470
SECTION 27-47-470. Duty to maintain cleanliness and appearance of common areas.
Status: in_force

An owner shall take reasonable steps to maintain the cleanliness and appearance of the common areas of the park.
S.C. Code Ann. § 27-19-70 — SC Code / Title 27 / Chapter 19 / Article 1 / Section 27-19-70
SECTION 27-19-70. Manner of pronouncing land escheated.
Status: in_force

If no person shall appear and claim lands within twelve months after the expiration of the time prescribed for advertising, the clerk shall issue process, to be signed by the judge of the circuit court of the county, to the Secretary of State, pronouncing the lands escheated and vested according to law and directing him forthwith to sell and convey them upon the usual notice.
S.C. Code Ann. § 27-19-360 — SC Code / Title 27 / Chapter 19 / Article 5 / Section 27-19-360
SECTION 27-19-360. Reports of Secretary of State and Department of Administration.
Status: in_force

A report shall be made annually by the Secretary of State, to be included in his annual report, showing the receipts and payments under the provisions of this chapter in each case of escheat, with the items thereof. In case any escheated property be purchased by the State Department of Administration, its annual report shall show all resales of such property and all income, rents and profits derived from such property while held by the department. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 27-30-330 — SC Code / Title 27 / Chapter 30 / Article 3 / Section 27-30-330
SECTION 27-30-330. Information department is authorized to include on publicly available website.
Status: in_force

The department is authorized to include on its publicly available Internet website: (1) information for homeowners and homeowners associations concerning how they may contact the department on its toll free number or submit complaint forms; (2) information concerning the governance of homeowners associations as provided in this chapter and other provisions of the South Carolina Code of Laws; and (3) educational and reference materials about homeowners associations, including general information about the roles, rights, and responsibilities of the board, declarant, homeowners, and other parties.
S.C. Code Ann. § 27-2-95 — SC Code / Title 27 / Chapter 2 / Section 27-2-95
SECTION 27-2-95. State mapping products to be compatible with coordinate system; establishment of standards; programs.
Status: in_force

To the extent possible, the South Carolina Geodetic Survey of the Revenue and Fiscal Affairs Office shall utilize the office's responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the office shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1). Effect of Amendment 2018 Act No. 246, SECTION 7, in the first sentence, deleted "Office of Research and Statistics of the" preceding "Revenue and Fiscal Affairs Office".
S.C. Code Ann. § 27-40-710 — SC Code / Title 27 / Chapter 40 / Article 7 / Section 27-40-710
SECTION 27-40-710. Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant's personal property.
Status: in_force

(A) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement other than nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting health and safety or the physical condition of the property, or Section 27-40-540, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days. The rental agreement terminates as provided in the notice except that: (1) if the breach is remediable by repairs or otherwise and the tenant adequately remedies the breach before the date specified in the notice, or (2) if the remedy cannot be completed within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time, the rental agreement may not terminate by reason of the breach. (B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision: "IF YOU DO NOT PAY YOUR RENT ON TIME This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit." The presence of this provision in the rental agreement fully satisfies the "written notice" requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired. (C) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief, judgments, or evictions in magistrate's or circuit court without posting bond for any noncompliance by the tenant with the rental agreement or Section 27-40-510. A real estate broker-in-charge licensed in this State or a licensed property manager, in the conduct of his licensed business may, either in person or through one or more regular employees, complete a form writ of eviction and present facts to judicial officers on behalf of his landlord/principal in support of an action for eviction and/or distress and/or abandonment for which no separate charge is made for this service. If the tenant's noncompliance is wilful other than nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is represented by an attorney. If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is represented by an attorney. (D) Personal property belonging to a tenant removed from a premises as a result of an eviction proceeding under this chapter which is placed on a public street or highway shall be removed by the appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also be removed by these officials in the normal course of debris or trash collection before or after a period of forty-eight hours. If the premises is located in a municipality or county that does not collect trash or debris from the public highways, then after a period of forty-eight hours, the landlord may remove the personal property from the premises and dispose of it in the manner that trash or debris is normally disposed of in such municipalities or counties. The notice of eviction must clearly inform the tenant of the provisions of this section. The municipality or county and the appropriate officials or employees thereof have no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this section.
S.C. Code Ann. § 27-1-20 — SC Code / Title 27 / Chapter 1 / Section 27-1-20
SECTION 27-1-20. Appointment of surveyors where land title in dispute; nomination by parties.
Status: in_force

If any cause be pending in any circuit court or within its jurisdiction wherein the title or boundaries of lands shall be brought into dispute, the judge of the court shall appoint surveyors at the nomination of the parties, to survey such lands, at the charge of such parties, and to return such survey, on oath, at the next sitting of the court.
S.C. Code Ann. § 27-16-40 — SC Code / Title 27 / Chapter 16 / Section 27-16-40
SECTION 27-16-40. Catawba Tribe subject to jurisdiction of state, except where otherwise expressly provided.
Status: in_force

The Catawba Tribe, its members, lands, natural resources, or other property owned by the Tribe or its members, including land, natural resources, or other property held in trust by the United States or by any other person or entity for the Tribe, is subject to the civil, criminal, and regulatory jurisdiction of the State, its agencies, and political subdivisions other than municipalities, and the civil and criminal jurisdiction of the courts of the State to the same extent as any other person, citizen, or land in the State, except as otherwise expressly provided in this chapter or in the federal implementing legislation.
S.C. Code Ann. § 27-40-330 — SC Code / Title 27 / Chapter 40 / Article 1 / Section 27-40-330
SECTION 27-40-330. Prohibited provisions in rental agreements.
Status: in_force

(a) A rental agreement may not provide that the tenant: (1) agrees to waive or forego rights or remedies under this chapter; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created by the agreement, the tenant may recover in addition to his actual damages an amount not to exceed the security deposit and reasonable attorney's fees. If a landlord maliciously uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created thereby, the tenant may recover in addition to his actual damages an amount not to exceed three months' periodic rent and reasonable attorney's fees. (c) The provisions of this section shall not operate so as to invalidate bona fide liquidated damage provisions which shall establish the amount of damages for loss of rent resulting from a premature termination of a lease.
S.C. Code Ann. § 27-25-160 — SC Code / Title 27 / Chapter 25 / Section 27-25-160
SECTION 27-25-160. Commissions allowed.
Status: in_force

The commission due and owing to the assignee or assignees and agent or agents for their trouble and labor shall be five per cent on receiving and two and a half per cent on paying, to be equally divided between them, that is to say, one half to the assignee or assignees and the other half to the agent or agents. But upon petition to the circuit court or a judge thereof there may, in the discretion of the court or judge, be allowed fees to the assignee or assignees and agent or agents in excess of those above provided.
S.C. Code Ann. § 27-35-75 — SC Code / Title 27 / Chapter 35 / Section 27-35-75
SECTION 27-35-75. Lessee's obligations as to use and maintenance; lessor's right to inspect.
Status: in_force

(A) Unless otherwise agreed to in a commercial lease agreement or a security agreement, this section applies to all leases on commercial units located in South Carolina. (B) A lessee must: (1) comply with all obligations imposed upon lessees by applicable building and housing code provisions that materially affect health and safety; (2) not deliberately or negligently destroy, deface, damage, impair, abuse, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the lessee's permission or who is allowed access to the premises by the lessee; (3) conduct himself and require other persons on the premises with the lessee's permission or who are allowed access to the premises by the lessee to conduct themselves in a manner that will not disturb other lessees' peaceful enjoyment of the premises; and (4) comply with the commercial lease agreement or security agreement. (C) In cases of real estate, fixtures, and equipment, or any of them that are the subject of a commercial lease agreement, the lessor has the right to enter and inspect the leased premises as provided in subsection (D) to determine if the leased real estate, fixtures, and equipment, or any of them: (1) are being used in a reasonable and safe manner as provided in subsection (B) or in the commercial lease agreement or security agreement; and (2) are being negligently, deliberately, or knowingly destroyed, defaced, damaged, impaired, abused, or removed in violation of subsection (B) or the terms of the commercial lease agreement or security agreement. (D) The lessor must not abuse the right to enter and inspect the premises pursuant to this section and must not use this right of access to harass the lessee. Except in the case of a demonstrable emergency, the lessor must give the lessee at least twenty-four hours' written notice of his intent to enter and inspect the premises, and the entry must be scheduled at a reasonable time. (E) A lessee must not unreasonably withhold consent to the lessor to enter and inspect the subject premises for the purposes described in subsection (C). (F) If the lessee unreasonably withholds consent to the lessor to allow lawful access to the subject premises as described in subsection (C), the lessor may obtain injunctive relief in the magistrates court or the circuit court in the county in which the property is located, without posting bond, to compel access. If injunctive relief is sought, the prevailing party may recover actual damages and reasonable attorney's fees and costs. Editor's Note 2005 Act No. 15, SECTION 2, provides in part as follows: This act . . . . applies to all leases on commercial units located in South Carolina, whether created before or after this act's effective date [January 1, 2005]. The obligations imposed and rights created by this act accrue on or after the effective date of the act.
S.C. Code Ann. § 27-47-530 — SC Code / Title 27 / Chapter 47 / Article 5 / Section 27-47-530
SECTION 27-47-530. Grounds for eviction; notice of eviction; sale of manufactured home left on lot following eviction.
Status: in_force

(A) An owner may evict a resident for one or more of the following reasons: (1) failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation; (2) engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents; (3) noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date; (4) not paying rent within five days of its due date; (5) noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park; (6) wilfully and knowingly making a false or misleading statement in the rental agreement or application; (7) taking of the park or the part of it affecting the resident's lot by eminent domain; (8) other reason sufficient under common law. (B) Notwithstanding Section 27-37-100, a writ of ejectment may not issue until ten days after a verdict for the plaintiff except for eviction pursuant to subsection (A)(5). (C) If a manufactured home remains on the lot twenty days after the resident has been evicted, the procedure in Section 29-15-10 may be commenced in order to sell the home in a commercially reasonable sale at public auction. The manufactured home owner or resident is not prohibited from moving the home before the day of the sale; however, he must pay any filing fee or advertising costs incurred for initiating the procedure in Section 29-15-10.
S.C. Code Ann. § 27-18-110 — SC Code / Title 27 / Chapter 18 / Section 27-18-110
SECTION 27-18-110. Dormancy period for stock or other equity interest in business association and certain debts; calculating whether stock or security interest is unclaimed.
Status: in_force

(A) Stock or other equity interest in a business association is presumed unclaimed three years after the earliest of: (1) the date of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner; (2) the date of a statement of account or other notification or communication that was returned as undeliverable; or (3) the date the holder discontinued mailings, notifications, or communications to the apparent owner. (B) Unmatured or unredeemed debt, other than a bearer bond or an original-issue discount bond, is presumed unclaimed three years after the date of the most recent interest payment unclaimed by the owner. (C) Matured or redeemed debt is presumed unclaimed three years after the date of maturity or redemption. (D) At the time property is presumed unclaimed pursuant to subsection (A) or (B), any other property right accrued or accruing to the owner as a result of the property interest and not previously presumed unclaimed is also presumed unclaimed. (E) The running of the three-year period ceases if the person: (1)(a) communicates in writing with the association or its agent regarding the interest or a dividend, distribution, or other sum payable as a result of the interest; or (b) otherwise communicates with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association or its agent; or (2) presents an instrument issued to pay interest or a dividend or other cash distribution. If a future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period in which the property is presumed unclaimed commences and relates back only to the time a subsequent dividend, distribution, or other sum became due and payable. (F) At the same time any interest is presumed unclaimed under this section, a dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, is presumed unclaimed. Effect of Amendment The 2008 amendment rewrote this section.
S.C. Code Ann. § 27-31-290 — SC Code / Title 27 / Chapter 31 / Article 1 / Section 27-31-290
SECTION 27-31-290. Limitation on liability of co-owners for common expenses.
Status: in_force

The liability of each co-owner for common expenses shall be limited to the amounts for which he is assessed from time to time in accordance with this chapter, the master deed or lease and the bylaws.
S.C. Code Ann. § 27-19-60 — SC Code / Title 27 / Chapter 19 / Article 1 / Section 27-19-60
SECTION 27-19-60. Renting out land pending conclusion of process of escheat.
Status: in_force

When no claimant shall appear to make title as aforesaid, the Secretary of State shall rent out the escheated lands, if it can be done with advantage to the State, until the process of escheat shall be concluded and the lands sold.
S.C. Code Ann. § 27-18-70 — SC Code / Title 27 / Chapter 18 / Section 27-18-70
SECTION 27-18-70. Demand, savings, or matured time deposits with banking or financial organizations.
Status: in_force

(A) Any demand, savings, or matured time deposit with a banking or financial organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless the owner, within five years has: (1) in the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest; (2) communicated in writing with the banking or financial organization concerning the property; (3) otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization; (4) owned other property to which item (1), (2), or (3) applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or (5) had another relationship with the banking or financial organization concerning which the owner has: (a) communicated in writing with the banking or financial organization; or (b) otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent. (B) For purposes of subsection (A) property includes interest and dividends. (C) A holder may not impose with respect to property described in this section any charge in excess of one dollar a month due to dormancy or inactivity or cease payment of interest unless there is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose a charge or cease payment of interest. (D) Any property described in this section that is automatically renewable is matured for purposes of this section upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. In the absence of such consent or memo, one automatic renewal is allowed for a period equal to the initial time period before the property is considered matured. If, at the time provided for delivery in Section 27-18-200, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.
S.C. Code Ann. § 27-19-390 — SC Code / Title 27 / Chapter 19 / Article 5 / Section 27-19-390
SECTION 27-19-390. Chapter complementary to Uniform Disposition of Unclaimed Property Act.
Status: in_force

The provisions of this chapter are complementary to and not in derogation of the "Uniform Disposition of Unclaimed Property Act" as contained in the permanent provisions of Chapter 18 of this title. All personal property for which provision is made in that chapter shall be disposed of as therein provided and the Secretary of State is relieved of all responsibility assigned to him in this chapter for such property.
S.C. Code Ann. § 27-35-160 — SC Code / Title 27 / Chapter 35 / Section 27-35-160
SECTION 27-35-160. Unlawful abandonment of buildings without notice.
Status: in_force

Any tenant abandoning a building and leaving it open and exposed to vandalism without giving notice to the landlord of such action shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
S.C. Code Ann. § 27-32-520 — SC Code / Title 27 / Chapter 32 / Article 5 / Section 27-32-520
SECTION 27-32-520. Termination of vacation time sharing plan terms; effective date of termination; corporate status of vacation time sharing association; termination trustee; quorum; proxy.
Status: in_force

(A) Unless the timeshare declaration provides a lower percentage, the vote or written consent, or both, of sixty percent of all eligible voting interests in a vacation time sharing plan may terminate the term of the vacation time sharing plan at any time. If a vacation time sharing plan is terminated pursuant to this section, the termination has immediate effect as if the effective date of the termination were the original date of termination. (B) If the vacation time sharing property is managed by a vacation time sharing association that is separate from any underlying owners' association, the termination of a vacation time sharing plan does not change the corporate status of the vacation time sharing association. The vacation time sharing association continues to exist only for the purposes of concluding its affairs, prosecuting and defending actions by or against it, collecting and discharging obligations, disposing of and conveying its property, collecting and dividing its assets, and otherwise complying with this section. (C) After termination of a vacation time sharing plan, the board of directors of the vacation time sharing association shall serve as the termination trustee, as the entity empowered to implement the termination of the vacation time sharing plan, and in this fiduciary capacity may bring an action in partition on behalf of the tenants in common in each former vacation time sharing property or sell the former vacation time sharing property in a manner and to a person who is approved by a majority of all tenants in common. The termination trustee also has all other powers reasonably necessary to effect the partition or sale of the former vacation time sharing property, including the power to maintain the property during the pendency of a partition action or sale. (D) All reasonable expenses incurred by the termination trustee relating to the performance of its duties pursuant to this section, including the reasonable fees of attorneys and other professionals, must be paid by the tenants in common of the former vacation time sharing property subject to partition or sale, proportionate to their respective ownership interests. (E) The termination trustee shall adopt reasonable procedures to implement the partition or sale of the former vacation time sharing property and comply with the requirements of this section. (F) If the terminated vacation time sharing plan is in an underlying subdivision that is not simultaneously terminated, a majority of the tenants in common in each former accommodation present and voting in person or by proxy at a meeting of the tenants in common conducted by the termination trustee, or conducted by the board of directors of the underlying owners' association, if the underlying owners' association managed the former vacation time sharing property, shall designate a voting representative for the former accommodation and file a voting certificate with the underlying owners' association. The voting representative may vote on all matters at meetings of the underlying owners' association, including termination of the underlying subdivision. (G) Unless the timeshare declaration specifically provides for a lower quorum, the quorum for a vacation time sharing association meeting to consider termination of the vacation time sharing plan is fifty percent of all eligible voting interests in the vacation time sharing plan. (H) The board of directors of the vacation time sharing association may determine that a voting interest that is delinquent in the payment of more than two years of assessments is ineligible to consent to or vote on any termination of the vacation time sharing plan unless the delinquency is paid in full before the consent or vote. A voting interest determined to be ineligible by the board of directors must be subtracted from the total percentage or number of all voting interests required to consent to or vote to approve the termination of the vacation time sharing plan and must not be considered for any purpose, including the percentage or number of voting interests necessary to constitute a quorum. (I) A proxy for a vote to terminate a vacation time sharing plan pursuant to this section is valid for up to three years and is revocable unless the proxy states it is irrevocable.
S.C. Code Ann. § 27-32-410 — SC Code / Title 27 / Chapter 32 / Article 4 / Section 27-32-410
SECTION 27-32-410. Timeshare closing; time; representation; notice to purchaser; contents.
Status: in_force

(A)(1) The timeshare closing is considered to occur after the last of the following events: (i) the deed and other applicable instruments are submitted for recordation, or (ii) the closing date specified in the executed documents. Notwithstanding the above, in the case of an installment sales contract, the timeshare closing is considered to occur or have occurred on the closing date specified in the executed documents or six months after the execution of an installment sales contract in the event no closing date is specified in the executed documents. (2) Simultaneously with the closing, a seller shall record each timeshare installment sales contract or evidence of each contract, if the installment sales contract promises the purchaser a deed evidencing ownership of a timeshare interest in real property. In the event the installment sales contract is fully performed, the recorded contract or evidence of it, is considered to have merged into the deed conveying the timeshare interest upon recording of the deed. (3) The documents conveying rights and interests in timeshare real property must not be presented to a timeshare purchaser before the closing of an interest in a vacation time sharing plan in this State unless the form of the document is prepared under the supervision of an attorney licensed in this State who is not an employee of the seller of the timeshare interest. An attorney licensed in this State who is not an employee of the seller of the timeshare interest shall supervise the timeshare closing of a sale of an interest in a vacation time sharing plan located in this State by: (i) supervising the examination of title to the interest; (ii) physically reviewing before closing the executed transaction documents including, but not limited to, the following, as applicable: the deed, installment sales contract, mortgage, and promissory note; and (iii) supervising the recording of all instruments involved in the timeshare closing. (B) Notwithstanding any other provision of law, the documents conveying rights and interests in timeshare real property must be accompanied by a conspicuous notice delivered to the purchaser at or before the time of the execution of the purchase contract for an interest in a vacation time sharing plan, which notice may be included in the purchase contract or in a separate document, substantially in the following form and in conspicuous type (meaning bold type in upper and lower case letters [but in no event in all upper case letters] two point sizes larger than the largest nonconspicuous type, exclusive of headings, on the page on which it appears but in at least 10-point type): "The South Carolina licensed attorney under whose supervision the form of the transaction documents were reviewed and prepared on behalf of seller is: [insert name, address, and telephone number]. Before the closing, you will review, approve, and sign important documents. What those documents say is important to you. They can affect any rights you might have. They can affect what you will have to do during this transaction. South Carolina's Vacation and Time Sharing Act gives you that right. You have an absolute right to consult an attorney of your choosing, at your own expense, if you have any questions or concerns about this purchase or about what those documents say. If you choose to have an attorney represent you, you must notify seller of the name of that attorney. You have five days to cancel this contract. The details of your cancellation rights are provided for in your purchase contract. You have the ability to waive your right to have an attorney represent you in all phases of this transaction. You can withdraw this waiver at any time prior to closing and indicate to the seller that you are withdrawing your waiver and provide the name of the attorney representing you. Your waiver must be in writing. You may indicate your waiver by signing the statement below: I/We ______ having been provided this notice of my/our right to have an independent South Carolina attorney represent me/us during all aspects of this transaction, knowingly and voluntarily waive such right this ___ day of __________ , 20 ___." (C) By providing the disclosure set forth above, the transaction is exempt from the requirements of Section 37-10-102. (D) The provisions of this section apply only to the purchase and sale of an interest in a vacation time sharing plan and the timeshare closing related to it. Effect of Amendment 2019 Act No. 66, SECTION 2, rewrote (A), further providing for when a timeshare closing is considered to have occurred in the case of an installment sales contract and other requirements in regard to the closing.