reglab/housing_qa huggingface dataset:
SC Code § 27-27-80 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 27 - Betterments|Section 27-27-80. Assessment of value of improvement; charge against land.

 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.  HISTORY: 1962 Code Section 57-408; 1952 Code Section 57-408; 1942 Code Section 8837; 1932 Code Section 8837; Civ. C. '22 Section 5302; Civ. C. '12 Section 3532; Civ. C. '02 Section 2446; R. S. 1958; 1885 (19) 343.
SC Code § 27-27-90 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 27 - Betterments|Section 27-27-90. Recovery for mesne profits.

 The plaintiff in an action for the recovery of lands and tenements shall recover nothing for the mesne profits of the land, except on such improvements as are made by him or those under whom he claims.  HISTORY: 1962 Code Section 57-409; 1952 Code Section 57-409; 1942 Code Section 8838; 1932 Code Section 8838; Civ. C. '22 Section 5303; Civ. C. '12 Section 3533; Civ. C. '02 Section 2447; G. S. 1840; R. S. 1959; 1870 (14) 314.
SC Code § 27-27-100 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 27 - Betterments|Section 27-27-100. Chapter not applicable in certain cases.

 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.  HISTORY: 1962 Code Section 57-410; 1952 Code Section 57-410; 1942 Code Section 8839; 1932 Code Section 8839; Civ. C. '22 Section 5304; Civ. C. '12 Section 3534; Civ. C. '02 Section 2448; G. S. 1841; R. S. 1960; 1870 (14) 314.
SC Code § 27-29-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-10. Short title; definitions.

 This chapter may be cited as the "Uniform Land Sales Practice Act" and, when used herein, unless the context otherwise requires:  (1) "Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit;  (2) "Offer" includes any inducement, solicitation or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit;  (3) "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;  (4) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land;  (5) "Subdivider" means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner;  (6) "Subdivision" and "subdivided lands" means any land situated outside the State of South Carolina which is divided or is proposed to be divided for the purpose of disposition into twenty-five or more lots, parcels, units or interests and also includes any land whether contiguous or not if twenty-five or more lots, parcels, units, or interests are offered as a part of a common promotional plan of advertising and sale.  HISTORY: 1962 Code Section 57-551; 1968 (55) 3052.
SC Code § 27-29-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-20. Administration.

 This chapter shall be administered by the South Carolina Real Estate Commission.  HISTORY: 1962 Code Section 57-552; 1968 (55) 3052; 1994 Act No. 385, Section 27.
SC Code § 27-29-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-30. Exceptions to application of chapter.

 (a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this chapter do not apply to offers or dispositions of an interest in land:  (1) by a purchaser of subdivided lands for his own account in a single or isolated transaction;  (2) if fewer than twenty-five separate lots, parcels, units, or interests in subdivided lands are offered by a person in a period of twelve months;  (3) on which there is a residential, commercial, or industrial building, or as to which there is a legal obligation on the part of the seller to construct such a building within two years from date of disposition;  (4) to persons who are engaged in the business of construction of buildings for resale, or to persons who acquire an interest in subdivided lands for the purpose of engaging, and do engage in the business of construction of buildings for resale;  (5) pursuant to court order;  (6) by any government or governmental agency;  (7) as cemetery lots or interests.  (b) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this chapter do not apply to:  (1) offers or dispositions of evidences of indebtedness secured by a mortgage or deed of trust of real estate;  (2) offers or dispositions of securities or units of interest issued by a real estate investment trust regulated under any state or federal statute;  (3) a subdivision as to which the plan of disposition is to dispose to ten or fewer persons;  (4) a subdivision as to which the commission has granted an exemption as provided in Section 27-29-100.  HISTORY: 1962 Code Section 57-553; 1968 (55) 3052; 1994 Act No. 385, Section 28.
SC Code § 27-29-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-40. Prerequisites to disposition of interest in subdivided land.

 Unless the subdivided lands or the transaction is exempt by Section 27-29-30:  (1) No person may in this State offer or dispose of any interest in subdivided lands prior to the time the subdivided lands are registered in accordance with this chapter;  (2) No person may dispose of any interest in subdivided lands unless a current public offering statement is delivered to the purchaser and the purchaser is afforded a reasonable opportunity to examine the public offering statement prior to the disposition.  HISTORY: 1962 Code Section 57-554; 1968 (55) 3052.
SC Code § 27-29-60 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-60. Public offering statement.

 (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.  HISTORY: 1962 Code Section 57-556; 1968 (55) 3052; 1994 Act No. 385, Section 30.
SC Code § 27-29-70 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-70. Examination of application for registration.

 Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination to determine that:  (1) The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust, or other safeguards have been provided;  (2) There is reasonable assurance that all proposed improvements will be completed as represented;  (3) The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the commission in its rules and afford full and fair disclosure;  (4) The subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this State, the United States, or any other state or foreign country within the past ten years and has not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions;  (5) The public offering statement requirements of this chapter have been satisfied.  HISTORY: 1962 Code Section 57-557; 1968 (55) 3052; 1994 Act No. 385, Section 31.
SC Code § 27-29-80 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-80. Order of the commission on application for registration.

 (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.  HISTORY: 1962 Code Section 57-558; 1968 (55) 3052; 1994 Act No. 385, Section 32.
SC Code § 27-29-90 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-90. Annual renewal reports.

 (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.  HISTORY: 1962 Code Section 57-559; 1968 (55) 3052; 1994 Act No. 385, Section 33.
SC Code § 27-29-100 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-100. Public hearings; filing of advertising material; injunctive relief; intervention in certain suits; exemption of certain lots.

 (a) The commission shall prescribe reasonable rules after a public hearing with notice of it published once in a newspaper with statewide circulation not less than five days nor more than fifteen days before the hearing and mailed to all subdividers not less than five days nor more than fifteen days before the public hearing. The rules shall include, but not be limited to, provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonably to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land contracted for; provisions for operating procedures; and other rules as are necessary and proper to accomplish the purpose of this chapter.  (b) The commission by rule or by an order, after reasonable notice and hearing, may require the filing of advertising material relating to subdivided lands before its distribution.  (c) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter, or a rule or order hereunder, the commission, with or without prior administrative proceedings may bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. The commission is not required to post a bond in any court proceedings.  (d) The commission may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the commission notice of the suit and copies of all pleadings.  (e) The commission may:  (1) accept registrations filed in other states or with the federal government;  (2) contract with similar agencies in this State or other jurisdictions to perform investigative functions;  (3) accept grants-in-aid from any source.  (f) The commission shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules, and common administrative practices.  (g) The commission may exempt one hundred or fewer lots, parcels, units, or interests in a subdivision from the provisions of this chapter if it determines that the plan of promotion and disposition is primarily directed to persons in the local community in which the subdivision is situated.  HISTORY: 1962 Code Section 57-560; 1968 (55) 3052; 1994 Act No. 385, Section 34.
SC Code § 27-29-110 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-110. Powers of commission as to investigations.

 (a) The commission may:  (1) make the necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;  (2) require or permit any person to file a statement in writing, under oath or otherwise as the commission determines, as to all the facts and circumstances concerning the matter to be investigated.  (b) For the purpose of any investigation or proceeding under this chapter, the commission or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.  (c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the commission may apply to the circuit court for an order compelling compliance.  HISTORY: 1962 Code Section 57-561; 1968 (55) 3052; 1994 Act No. 385, Section 35.
SC Code § 27-29-120 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-120. Unlawful practices; cease and desist orders.

 (a) If the commission determines after notice and hearing that a person has:  (1) violated any provision of this chapter;  (2) directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;  (3) made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the commission;  (4) disposed of any subdivided lands which have not been registered with the commission;  (5) violated any lawful order or rule of the commission, it may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter.  (b) Whenever the commission has reason to believe that any person is violating or intends to violate any provision of this article, it may, in addition to all other remedies, order such person to immediately cease and desist and refrain from such conduct. The commission may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the commission by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.  HISTORY: 1962 Code Section 57-562; 1968 (55) 3052; 1994 Act No. 385, Section 36.
SC Code § 27-29-130 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-130. Revocation of registration.

 (a) A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has:  (1) failed to comply with the terms of a cease and desist order;  (2) been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;  (3) disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;  (4) failed to faithfully perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;  (5) made intentional misrepresentations or concealed material facts in an application for registration. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.  (b) If the commission finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, it may issue a cease and desist order instead.  HISTORY: 1962 Code Section 57-563; 1968 (55) 3052; 1994 Act No. 385, Section 37.
SC Code § 27-29-140 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-140. Judicial review of orders.

 A person who has exhausted all administrative remedies available with the commission and who is aggrieved by an order pertaining to registration, a cease and desist order, an order of revocation, or any other final decision of the commission is entitled to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate commission action or ruling is immediately reviewable if review of the final commission decision would not provide an adequate remedy.  HISTORY: 1962 Code Section 57-564; 1968 (55) 3052; 1994 Act No. 385, Section 38.
SC Code § 27-29-150 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 29 - Uniform Land Sales Practice Act|Section 27-29-150. Penalties.

 It is unlawful for a person to wilfully violate any provision of this chapter or a regulation adopted under it, or to make an untrue statement of a material fact, or omit to state a material fact in an application for registration.  A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or double the amount of gain from the transaction, whichever is the larger but not more than fifty thousand dollars or imprisoned not more than two years, or both.  HISTORY: 1962 Code Section 57-565; 1968 (55) 3052; 1993 Act No. 184, Section 205.