reglab/housing_qa huggingface dataset:
SC Code § 40-57-50 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-50. Election of officers; seal; rules and procedures.

 The commission annually shall elect from its total membership a chair, vice chair, and other officers the commission determines necessary at the first meeting in the fiscal year of the State. The commission may adopt an official seal and shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.  HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, inserted "at the first meeting in the fiscal year of the State", and made gender neutral changes.
SC Code § 40-57-60 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-60. Powers and duties of commission.

 (A) The commission shall administer and enforce this chapter and regulations promulgated under this chapter. In addition to powers contained in Section 40-1-70, the powers and duties include, but are not limited to:  (1) determining the standards for the qualifications and eligibility of applicants for licensure, the qualifications of education providers and instructors, and the conditions for license renewal;  (2) conducting disciplinary hearings on alleged violations of this chapter and regulations promulgated under this chapter and deciding disciplinary actions as provided in this chapter for those found to be in violation;  (3) recommending changes in legislation and promulgating regulations governing the real estate industry relative to the protection, safety, and welfare of the public; and  (4) establishing a fee schedule.  (B) The commission may not be involved in a resolution of disputes between licensees over the payment or division of a commission or fee.  (C) The commission staff shall conduct periodic inspections of the offices of licensees to assist with and ensure compliance with this chapter.  HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Section 27; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-57-65 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-65. Annual report.

 The commission shall submit an annual report in accordance with established guidelines to the department and the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee.  HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-57-70 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-70. Application and license fees; allocation of fees; annual report.

 (A) Fees relevant to the licensure and regulation of real estate brokers, salespersons, and property managers must be established in accordance with Section 40-1-50(D) and promulgated by regulation prior to implementation.  (B) Application and license fees must be paid to the commission in advance and must accompany an examination application or a license application. An application fee is nonrefundable.  (C)(1) The department may allocate up to ten dollars of each license renewal fee to the South Carolina Real Estate Commission Education and Research Fund which is established as a separate and distinct account within the Office of the State Treasurer. The funds collected must be deposited in this account and used exclusively for the:  (a) advancement of education and research for the benefit of those licensed under this chapter and for the improvement and increased efficiency of the real estate industry in this State;  (b) analysis and evaluation of factors which affect the real estate industry in this State; and  (c) dissemination of the results of the research.  (2) The commission annually by August first shall submit a report on how the funds were expended for the preceding fiscal year to the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee.  HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Section 26; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, in (A), substituted "Fees relevant" for "All fees relevant"; deleted former (B), related to reinstatement penalty, and redesignated former (C) and (D) as (B) and (C); in (B) substituted "commission" for "department"; in (C)(1), substituted "is established" for "must be established"; and made nonsubstantive and gender neutral changes throughout.
SC Code § 40-57-80 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-80. Reserved.

 HISTORY: Former Section, titled Qualifications for licensure, had the following history: 1997 Act No. 24, Section 1. Reserved by 2016 Act No. 170, Section 1, eff January 1, 2017. See now, Code 1976 Section 40-57-310.
SC Code § 40-57-90 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-90. Application for examination or licensure; form and fees.

 An application for examination or licensure must be made in writing on a form prescribed by the commission and must be accompanied by all applicable fees.  HISTORY: 1997 Act No. 24, Section 1; 1999 Act No. 18, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Editor's Note  Prior Laws:1956 (49) 2046; 1962 Code Section 56-1545.9; 1972 (57) 2649; 1976 Act No. 519; 1981 Act No. 136, Section 1; 1986 Act No. 353, Section 6; 1991 Act No. 12, Section 7; 1994 Act No. 385, Section 6; 1976 Code Section 40-57-100.  Effect of Amendment  2016 Act No. 170, Section 1, substituted "commission" for "department".
SC Code § 40-57-100 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-100. Reserved.

 HISTORY: Former Section, titled Educational requirements conditional to application for licensure, had the following history: 1956 (49) 2046; 1962 Code Section 56-1545.9; 1972 (57) 2649; 1976 Act No. 519; 1981 Act No. 136, Section 1; 1986 Act No. 353, Section 6; 1991 Act No. 12, Section 7; 1994 Act No. 385, Section 6; 1976 Code Section 40-57-100; 1997 Act No. 24, Section 1; 1999 Act No. 18, Section 1. Reserved by 2016 Act No. 170, Section 1, eff January 1, 2017. See now, Code 1976 Section 40-57-320.
SC Code § 40-57-110 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-110. Issuance and classification of license; inactive status; renewal; lapse.

 (A) The commission shall issue licenses in the classifications of broker, broker-in-charge, or salesperson, to individuals who qualify under and comply with the requirements of this chapter; provided the commission may deny a license to an applicant it finds to have engaged in misconduct as provided in Section 40-57-710 or otherwise. No individual may be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable.  (B) A licensee may place a license on inactive status by informing the commission in writing. To maintain an inactive license status, the license must be renewed in the same manner as provided for active license renewals. Upon proper compliance with the renewal requirements, a license may remain on inactive status for an indefinite period of time. An individual seeking to reactivate a license shall apply for the same license classification which was placed on inactive status, pay the appropriate fee, and meet the continuing education requirements as prescribed.  (C) A license only may be renewed in accordance with procedures established by the commission pursuant to Section 40-1-50(D). A licensee is responsible for renewing his license whether or not he receives notice.  (D) A license that is not renewed before its expiration date lapses.  (E) A license that has lapsed and is not reinstated by the last day of the sixth month following expiration is canceled.  HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Editor's Note  Prior Laws:1956 (49) 2046; 1957 (50) 555; 1962 Code Sections 56-1545.11, 56-1545.15; 1967 (55) 652; 1986 Act No. 353, Section 8; 1994 Act No. 385, Section 9; 1976 Code Sections 40-57-120, 40-57-160.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section, deleting former (B) through (F) and redesignating former (G) through (J) as (B) through (E).
SC Code § 40-57-115 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-115. Criminal background checks required for initial applicants and licensure renewals.

 In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure as a salesman, broker, broker-in-charge, property manager, and property manager-in-charge, the commission shall require initial applicants and applicants for licensure renewal to submit to a state fingerprint-based criminal records check, to be conducted by the State Law Enforcement Division (SLED); a national criminal records check, supported by fingerprints, by the FBI; and a social security number-based criminal records check from a source approved by the commission. Costs of conducting a criminal records check must be borne by the applicant. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as necessary to support the administrative action.  HISTORY: 2014 Act No. 258 (S.75), Section 1, eff June 9, 2014; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017; 2017 Act No. 60 (H.3041), Section 1, eff July 1, 2020; 2021 Act No. 25 (H.3664), Section 1, eff April 26, 2021.  Editor's Note  2020 Act No. 127, Section 1, provides as follows:  "SECTION 1. SECTION 5 of Act 60 of 2017 is amended to read:  "This act takes effect on July 1, 2020, and with respect to license renewals is only applicable to renewals initially due after June 30, 2020."  Effect of Amendment  2016 Act No. 170, Section 1, substituted "salesperson" for "salesman".  2017 Act No. 60, Section 1, amended the section, requiring background checks for licensure renewals and requiring the background checks to be fingerprint-based.  2021 Act No. 25, Section 1, in the first sentence, substituted "; a national criminal records check, supported by fingerprints, by the FBI; and a social security number-based criminal records check from a source approved by the commission" for ", and a national criminal records check, supported by fingerprints, by the FBI".
SC Code § 40-57-240 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-240. Applicability of chapter.

 This chapter does not apply to:  (1) the sale, lease, or rental of real estate by an unlicensed owner of real estate who owns any interest in the real estate if the interest being sold, leased, or rented is identical to the owner's legal interest;  (2) an attorney at law acting within the scope of his duties involved in the legal representation of a client/owner;  (3) agencies and instrumentalities of the state or federal government and their employees acting within the scope of their official duties;  (4) foresters registered under Chapter 27, Title 48, if the sale of any land is merely incidental to the sale of timber on the land; or  (5) court-appointed receivers and trustees while acting within the scope of their appointment.  HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, in (2), substituted "a client/owner" for "his client/owner", and in (4) added "or" at the end.
SC Code § 40-57-250 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-250. Omitted.

 HISTORY: Former Section, titled Severability, had the following history: 1997 Act No. 24, Section 1. Omitted by 2016 Act No. 170, Section 1, eff January 1, 2017. See now, Code 1976 Section 40-57-810.
SC Code § 40-57-310 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-310. Qualifications for licensure.

 To be eligible for licensure as a real estate broker, broker-in-charge, or salesperson, an applicant must:  (1) attain the age of twenty-one if applying for a license as a broker or broker-in-charge;  (2) attain the age of eighteen if applying for a license as a salesperson;  (3) provide a physical address at which the licensee can be contacted in the course of an investigation. A licensee shall maintain on file with the commission his current contact information for his residential address, mailing address, email address, and telephone number. Failure to update this contact information within thirty days after a change may result in an administrative suspension of the property manager, salesperson, broker, or broker-in-charge pursuant to Section 40-57-710;  (4) graduate from high school or hold a certificate of equivalency recognized by the State Department of Education;  (5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter;  (6) submit to criminal background check as provided in Section 40-57-115 for initial application; and  (7) pass the applicable examination.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-80; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-57-330 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-330. Broker-in-charge license requirements; active broker or salesperson must be licensed under broker-in-charge.

 (A) A broker-in-charge license may not be issued to or renewed for an applicant unless the applicant:  (1) has an ownership interest in the applicant's company; or  (2) is actively engaged in the operation and management of the company.  (B) An individual holding an active broker or salesperson license must be licensed under a broker-in-charge who is licensed by the commission and may not be licensed during the same period with more than one broker-in-charge. When a licensee becomes disassociated with a broker-in-charge, he immediately shall notify the commission by completion of the proper form. The licensee must furnish a new business address to the commission, the authorization of the new broker-in-charge, and proof of notification to the former broker-in-charge.  HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
SC Code § 40-57-360 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-360. Broker-in-charge responsible for team supervision.

 (A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which associated licensees may engage.  (B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge's written office policy.  (C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge.  (D) Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way.  (E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names may not include the terms "realty", "real estate", "realtors", or similar terms suggesting a brokerage.  (F) The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising.  (G) The commission may promulgate regulations regarding the creation and operation of real estate teams.  HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
SC Code § 40-57-380 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-380. Effect of termination, expiration, completion or performance of agency agreements; accounting and confidentiality.

 A real estate broker and all associated licensees owe no duty or obligation to a client following termination, expiration, completion, or performance of an agency agreement or closing of the real property transaction, whichever occurs first, except the duties of:  (1) accounting in a timely manner for all money and property related to and received during the relationship; and  (2) keeping confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, except as provided for in Section 40-57-350(C)(1)(f) and Section 40-57-350(E)(1)(f) unless the:  (a) client permits the disclosure by written agreement;  (b) disclosure is required by law;  (c) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or  (d) the information becomes public from a source other than the broker.  HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Section 19; formerly 1976 Code Section 40-57-140; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-57-520 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-520. Management of residential multiunit rental locations.

 (A) The management of each residential multiunit rental location must be provided by an on-site licensee or an off-site licensee if there is no on-site staff.  (B) The commission may permit multiple multiunit rental property locations to be managed by one licensee.  (C) An unlicensed employee of the owner of a multiunit rental property or an unlicensed individual who works under the supervision of a licensee is permitted to perform only the following duties:  (1) maintenance;  (2) clerical or administrative support;  (3) collection of rents that are made payable to the owner or real estate company;  (4) showing rental units to prospective tenants;  (5) furnishing published information;  (6) providing applications and lease forms; and  (7) receiving applications and leases for submission to the owner or the licensee for approval.  HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
SC Code § 40-57-720 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-720. Investigations; restraining orders; surrender of license; disciplinary action; report to be posted.

 (A) An investigation must be conducted in accordance with Section 40-1-80 and must be performed by investigators who have completed one hundred hours of training in programs that are approved by the commission and provide instruction on real estate principles, state statutory and regulatory law, and investigative techniques.  (B) A restraining order must be obtained in accordance with Section 40-1-100.  (C)(1) The department shall conclude its investigation within one hundred fifty days from receipt of the complaint or seek a waiver of this period from the commission upon a showing of due diligence and extenuating circumstances.  (2) A hearing on the charges must be at the time and place designated by the commission and must be conducted in accordance with the Administrative Procedures Act.  (3) The commission shall render a decision and shall serve, within ninety days, notice, in writing, of the commission's decision to the licensee charged. The commission also shall state in the notice the date upon which the ruling or decision becomes effective.  (4) The department shall maintain a public docket or other permanent record in which must be recorded all orders, consent orders, or stipulated settlements.  (D) A licensee may voluntarily surrender his license in accordance with Section 40-1-150.  (E)(1) The commission may impose disciplinary action in accordance with Section 40-1-120.  (2) Upon determination by the commission that one or more of the grounds for discipline exists, the commission may impose a fine of not less than five hundred or more than five thousand dollars for each violation and as provided in Section 40-1-120. The commission may recover the costs of the investigation and the prosecution as provided in Section 40-1-170.  (3) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the commission wherein violations are not contested and sanctions are accepted.  (F) The department annually shall post a report that provides the data for the number of complaints received, the number of investigations initiated, the average length of investigations, and the number of investigations that exceeded one hundred fifty days.  HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Sections 22 and 23; 2014 Act No. 258 (S.75), Section 2, eff June 9, 2014; formerly 1976 Code Section 40-57-150; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Editor's Note  Prior Laws:1956 (49) 2046; 1962 Code Section 56-1545.17; 1983 Act No. 94 Section 3; 1986 Act No. 353, Section 12; 1994 Act No. 385, Section 14; 1976 Code Section 40-57-180.  Effect of Amendment  2014 Act No. 258, Section 2, rewrote subsection (A); added subsection (C)(2), and redesignated the subsections accordingly; and added subsection (F).  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-57-730 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-730. Licensure after revocation.

 After revocation of a license, a person may not reapply for three years from the date of revocation. A person seeking licensure after revocation shall:  (1) submit to the commission satisfactory proof that the person is trustworthy, has a good reputation for honesty and fair dealing, and is competent to transact the business of a real estate licensee;  (2) submit proof of educational qualifications as set forth in this chapter if the proof of educational qualifications on file is more than five years old;  (3) pass the applicable examination; and  (4) meet any other qualifications and conditions that apply to individuals applying for a license who have never been licensed.  HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.