reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 45 - Abandoned And Loaned Cultural Property › Section 27-45-50. Retention of record of efforts to locate lender of property.

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.
HISTORY: 1987 Act No. 22, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 45 - Abandoned And Loaned Cultural Property › Section 27-45-60. Vesting of title to property in nonprofit organization.

If no claim has been made to the abandoned cultural property within one hundred twenty days from the date of the fourth published notice in newspapers as required by Section 27-45-30(1) or Section 27-45-40(1), title to the property vests in the nonprofit organization, free from all claims of the lender and of all persons claiming through or under him, except as provided in Section 27-45-90(C).
HISTORY: 1987 Act No. 22, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 45 - Abandoned And Loaned Cultural Property › Section 27-45-70. Certification by board of compliance with requirements of chapter.

Before a nonprofit organization may claim title to abandoned cultural property, the board shall certify that the nonprofit organization has followed the procedures as required by this chapter for notifying the lender. The board may require nonprofit organizations to submit such documentation of the nonprofit organization's attempts to notify the lender as the board considers necessary.
HISTORY: 1987 Act No. 22, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 45 - Abandoned And Loaned Cultural Property › Section 27-45-80. Right to apply conservation measures to or dispose of loaned property; liability of organization.

(A) Unless there is a written loan agreement to the contrary, a nonprofit organization may apply conservation measures to or dispose of the property on loan without a lender's permission if immediate action is required to protect the property on loan or to protect other property in the custody of the nonprofit organization, or because the property on loan has become a hazard to the health and safety of the public or the nonprofit organization's staff; and
(1) the nonprofit organization is unable to reach the lender at the lender's last known address so that the nonprofit organization and the lender may promptly agree upon a solution; or
(2) the lender will not agree to the protective measures the nonprofit organization recommends, yet is unwilling to terminate the loan and retrieve the property.
(B) A nonprofit organization is not liable for injury to, or loss of, the property if:
(1) the nonprofit organization had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the nonprofit organization, or that the property on loan constituted a hazard to the health and safety of the public or the nonprofit organization's staff; and
(2) when the nonprofit organization applied conservation measures, the nonprofit organization exercised reasonable care in the choice and application of the conservation measures.
HISTORY: 1987 Act No. 22, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 45 - Abandoned And Loaned Cultural Property › Section 27-45-90. Right of lender to claim loaned property subsequent to expiration of notice period.

(A) Effective July 1, 1987, no action may be brought against a nonprofit organization to recover property on loan when more than one hundred twenty days have passed from the date that the organization gives final public notice of intent to terminate the loan pursuant to Section 27-45-30 or 27-45-40, as appropriate, except pursuant to subsection (C).
(B) A lender is considered to have donated loaned property to a nonprofit organization if the lender fails to contact the organization and establish his claim to the property to the satisfaction of the organization or fails to file an action to recover the property on loan to the organization within the one hundred twenty days specified in Section 27-45-60.
(C) If a nonprofit organization fails to follow the appropriate methods for notifying the lender as provided in Section 27-45-30 or 27-45-40, the lender may present proof of his claim to the board within ten years from the date the loan was terminated pursuant to this chapter. If the board finds the lender's claim to be valid, and the nonprofit organization is not able to present written proof of notice to terminate the loan in the appropriate method provided in Section 27-45-30 or 27-45-40, the nonprofit organization is liable to the lender for:
(1) the return of the property; or
(2) an amount equal to the property's fair market value on the date it was discarded, sold, or traded by the nonprofit organization, and interest, at the legal rate, from that same date.
HISTORY: 1987 Act No. 22, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 45 - Abandoned And Loaned Cultural Property › Section 27-45-100. Application of chapter.

The provisions of this chapter control the procedure and disposition of any property to which it applies in lieu of any other procedure as prescribed by law including the provisions of Chapter 17 of Title 27 as it pertains to the Disposition of Unclaimed Property.
HISTORY: 1987 Act No. 22, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-20. Purposes and policies of chapter; liberal construction.

(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.
HISTORY: 1991 Act No. 135, Section 1.
Subarticle II
Scope and Jurisdiction
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-110. Applicability of this chapter and Chapter 40 of Title 27.

This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State. The provisions of the Residential Landlord and Tenant Act in Chapter 40 of Title 27 shall apply to tenancies in manufactured home parks if such application is not inconsistent with or contrary to the provisions of this chapter.
HISTORY: 1991 Act No. 135, Section 1; 1998 Act No. 382, Section 3.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-120. Tenancies not governed by chapter.

The following tenancies are not governed by this chapter:
(1) in which both a manufactured home and a manufactured home lot are rented or leased by the resident;
(2) in which a rental space is offered for occupancy by a vehicle which primarily is designed as temporary living quarters for recreational camping or travel use and which either has its own motor power or is mounted on or drawn by another vehicle;
(3) at a manufactured home park in which fewer than five lots are offered for rent or lease.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-130. Determination of jurisdiction and service of process.

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.
HISTORY: 1991 Act No. 135, Section 1.
Subarticle III
General Definitions and Interpretation of Principles; Notice
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-210. Definitions.

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.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-220. Good faith requirement as to every duty and act specified in chapter.

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performances or enforcement.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-310. Written rental agreement required; items which must be provided for; restriction on user fee.

(A) An owner who offers for lease a space in a manufactured home park shall provide to the resident an agreement in writing containing the terms by which the space is leased. The written agreement must comply with this section.
(B) The duration of the lease must be stated in the agreement and may be of a length agreed upon by the owner and resident.
(C) If the agreement provides an option for renewal, the amount of rent to be paid for tenancy during the option must be stated in the agreement.
(D) The rental agreement must specify:
(1) location and approximate size of the lot leased pursuant to the agreement;
(2) monthly rental rate;
(3) date payment is due;
(4) place of payment;
(5) personal property, services, and facilities provided by the owner;
(6) regulations governing residency which, if violated, may be cause for eviction;
(7) statement of amounts to be paid by the resident including, but not limited to, security deposits, service fees, and installation charges;
(8) improvements, if any, which the resident may make to the rental lot including landscaping;
(9) improvements, if any, required to be made by the resident;
(10) restrictions, if any, regarding pets, children, number of occupants, and vehicle storage;
(11) notice required to exercise option for renewal or to terminate tenancy.
(E) During the rental agreement a user fee must not be charged by the owner to the resident for a service or amenity which previously was provided and included in the lot rental amount unless there is a corresponding decrease in the amount within the terms of the contract.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › 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.

(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.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-420. Notice to resident of new rental rate where tenancy continues beyond original term.

When a tenancy is to continue beyond the original term a resident must be given notice by the owner at least thirty days in advance of the effective date of a new rental rate.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-430. Aesthetic standards; change in standards; notice; burden to show home unsafe, unsanitary, or not in compliance with aesthetic standards.

The owner has the burden of proving a manufactured home located in the park is unsafe or unsanitary or fails to meet the park's aesthetic standards. A resident must not be forced to make an aesthetic change to his home's original design which would create undue financial hardship and which is contrary to the terms of the rental agreement during the term of the rental agreement. This section does not prohibit a park from requiring compliance with new or upgraded aesthetic standards which apply generally to homes in the park upon expiration of the lease term or upon a continuance of a tenancy beyond the original term. However, notice of the requirement must be given by the owner to the tenant at least thirty days before the effective date of the change.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-440. Approval or disapproval of manufactured home purchaser to become resident of park.

(A) The purchaser of a manufactured home may not become a resident of a manufactured home park without the approval of the owner. Approval by the owner must not be withheld unreasonably. The purchaser has the burden of proof as to whether approval or disapproval is unreasonable.
(B) The owner has fifteen days after receiving the purchaser's written application for entry to the park to notify him in writing of approval or disapproval. Notice is complete upon deposit in the United States mail addressed to the purchaser at the address stated in his application. If the owner fails to act within fifteen days, the application is approved.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-450. Access to common areas; utility connections and systems.

An owner shall provide access to the common areas of the park at reasonable times for the benefit of residents and their guests and maintain in proper working condition the utility connections and systems.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-460. Duty to maintain safe premises; owner not guarantor of safety.

An owner is not the guarantor of the safety of residents or invitees but shall exercise due care to keep the portion of the premises under the owner's control in a reasonably safe condition.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-510. Codes; rent; notices; rental agreement and regulations; responsibility for guests.

A resident shall:
(1) comply with the obligations of applicable provisions of the building, housing, and health codes;
(2) keep his manufactured home lot clean;
(3) comply with regulations and the rental agreement and require other persons in the park with his consent to comply and conduct themselves in a manner that does not disturb other residents unreasonably or violate the rental agreement;
(4) keep his rent current;
(5) give written notice to the owner whether he desires to continue the tenancy beyond the original term within thirty days of receiving notice of a new rental rate under Section 27-47-420.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-520. Security deposit.

Upon termination of a tenancy, monies held by the owner as a security deposit or prepaid rent must be returned less amounts withheld by the owner for accrued rent or damages the owner has suffered by reason of the resident's noncompliance with Section 27-47-510. Deductions must be itemized in a written notice to the resident within thirty days after termination of the tenancy. The resident shall provide the owner a forwarding address. The owner is not liable for damages if the resident does not provide a forwarding address and the owner has no notice of the resident's address and mails the notice to the resident's last known address. If the owner does not return monies due the resident, he may recover an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-530. Grounds for eviction; notice of eviction; sale of manufactured home left on lot following eviction.

(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.
HISTORY: 1991 Act No. 135, Section 1; 1998 Act No. 382, Section 4.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-610. Notification by new owner of change in ownership.

If a park is sold but continues to operate as a park, the new owner shall notify residents of the change in ownership within thirty days after the date of closing of the sale.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 47 - Manufactured Home Park Tenancy Act › Section 27-47-620. Notice of proposed rezoning.

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.
HISTORY: 1991 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-10. Definitions.

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.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-20. Scope of article.

This article applies to the following transfers of residential real property consisting of at least one but not more than four dwelling units:
(1) sale or exchange;
(2) installment land sales contract; or
(3) lease with an option to purchase contract.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-30. Certain transfers excluded from scope of article.

This article does not apply to transfers:
(1) pursuant to court order including transfers in administration of an estate, pursuant to a writ of execution, by foreclosure sale, by a trustee in bankruptcy, by a receiver, by eminent domain, and resulting from a decree for specific performance;
(2) to a mortgagee from the mortgagor or his successor in interest in a mortgage if the indebtedness is in default, by a trustee pursuant to a deed of trust or to a mortgagee pursuant to a mortgage if the indebtedness is in default, by a trustee under a mortgagee pursuant to a foreclosure sale, or by a mortgagee who has acquired the real property at a sale conducted pursuant to a judgment and order of foreclosure;
(3) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
(4) from one or more co-owners solely to one or more other co-owners;
(5) made solely to a spouse or a person or persons in the lineal line of consanguinity of one or more transferors;
(6) between spouses resulting from a divorce decree or support order or marital property distribution order;
(7) made by virtue of the record owner's failure to pay federal, state, or local taxes;
(8) to or from the federal government;
(9) to the State, its agencies and departments, and its political subdivisions including school districts;
(10) involving the first sale of a dwelling never inhabited;
(11) real property sold at public auction;
(12) to a residential trust;
(13) between parties when both parties agree in writing not to complete a disclosure statement;
(14) of a vacation time sharing plan as defined in Section 27-32-10(9); and
(15) of a vacation multiple ownership interest as described in Section 27-32-250.
HISTORY: 2002 Act No. 336, Section 2; 2003 Act No. 84, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-50. Delivery of and effect of failure to provide disclosure statement; responsibility of listing or selling agent.

(A) The owner of real property subject to this article shall deliver to the purchaser the disclosure form required by this article before a real estate contract is signed by the purchaser and owner, or as otherwise agreed in the real estate contract.
(B) Failure to provide the disclosure form required by this article to the purchaser does not:
(1) void the agreement;
(2) create a defect in title; or
(3) present a valid reason to delay or otherwise interfere with the closing of a real estate transaction by a party including a closing attorney or lender.
(C) A real estate licensee acting as a listing agent or a selling agent is subject to the regulations governing his license and performance of his responsibilities as licensee, as provided by the commission. This article does not limit any other remedy available to the purchaser under law.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-60. Corrected disclosure statements; reasonable repairs before closing.

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.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-65. Knowing disclosure of false, incomplete, or misleading material information; civil liability; attorney fees.

An owner who knowingly violates or fails to perform any duty prescribed by any provision of this article or who discloses any material information on the disclosure statement that he knows to be false, incomplete, or misleading is liable for actual damages proximately caused to the purchaser and court costs. The court may award reasonable attorney fees incurred by the prevailing party.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-70. Listing agent to notify owner of disclosure obligations; liability for refusal or inaccuracy of disclosure statement.

(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.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-80. Obligation of purchaser to inspect.

This article does not limit the obligation of the purchaser to inspect the physical condition of the property and improvements that are the subject of a contract covered by this article. The real estate licensee, whether acting as listing agent or selling agent, has no duty to inspect the onsite or offsite conditions of the property and any improvements.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-90. "Psychologically affected" property disclosure exceptions.

(A) An owner is not required to disclose the fact or suspicion that a property may be or is psychologically affected, as described in subsection (B).
(B) A cause of action may not arise against an owner of real estate in a covered transaction for failure to disclose:
(1) that the subject real estate is or was occupied by an individual who was infected with a virus or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through his occupancy of a dwelling place; or
(2) that the death of an occupant of a property has occurred or the manner of the death; or
(3) public information from the sex offender registry as defined in Article 7, Title 23.
(C) Subsection (B) does not preclude an action against an owner of real estate who makes intentional misrepresentations in response to direct inquiry from a purchaser or prospective purchaser with regard to psychological effects or stigmas associated with the real estate.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-100. Landlord-tenant relationship.

This article does not affect the landlord-tenant relationship between the parties to a lease with an option-to-purchase contract during the term of the lease, and the rights of the landlords and tenants pursuant to the South Carolina Residential Landlord and Tenant Act remain in effect until transfer of ownership of the property to the purchaser.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-110. Agreements by parties relating to physical condition of property to be sold "as is".

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".
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-220. Scope of article.

(A) This article applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this article.
(B) This article does not apply to:
(1) lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge;
(2) any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8); or
(3) rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-230. Definitions.

As used in this article:
(1) "Residential property" means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.
(2) "Rental management company" means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.
(3) "Vacation rental" means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
(4) "Vacation rental agreement" means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the Internet and electronic facsimiles.
(5) "Vacation rental management agreement" means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the Internet and electronic facsimiles.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-240. Vacation rental agreements; evidence of acceptance; trust accounts; advance payments; rental management company responsibilities.

(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.
HISTORY: 2002 Act No. 336, Section 2.
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.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-250. Transfer of title of residential property subject to vacation rental agreement.

(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.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-260. Tenant compliance with evacuation orders.

If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 50 - The Residential Property Condition Disclosure Act › Section 27-50-270. Effect of failure to disclose vacation rental agreement to purchaser.

Failure by the owner to disclose the existence of a vacation rental agreement to the purchaser, closing attorney, lender, or title insurer does not:
(1) void the sales agreement;
(2) create an encumbrance or defect in title; or
(3) create a cause of action against the purchaser, closing attorney, lender, or title insurer for failure to discover the existence of the vacation rental agreement.
HISTORY: 2002 Act No. 336, Section 2.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-10. Short title.

This chapter may be cited as "The South Carolina Eminent Domain Procedure Act" and any references to the term "act", unless the context clearly indicates otherwise, mean the South Carolina Eminent Domain Procedure Act.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-20. Intent of General Assembly.

This act amends the law of this State relating to procedures for acquisitions of property and to the exercise of the power of eminent domain. It is the intention of the General Assembly that this act is designed to create a uniform procedure for all exercise of eminent domain power in this State. It is not intended by the creation of this act to alter the substantive law of condemnation, and any uncertainty as to construction which might arise must be resolved in a manner consistent with this declaration. In the event of conflict between this act and any other law with respect to any subject governed by this act, this act shall prevail.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-40. Compromise or settlement permitted.

At any time before or after commencement of an action, the parties may agree to and carry out, according to its terms, a compromise or settlement as to any matter, including all or any part of the compensation or other relief.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-50. Compliance with federal requirements permitted.

A condemnor may comply with any federal statute, regulation, or policy prescribing a condition precedent to the availability or payment of federal financial assistance for any program or project for which the condemnor is authorized to exercise the power of eminent domain.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-60. Application of act.

A condemnor may commence an action under this chapter for the acquisition of an interest in any real property necessary for any public purpose. The provisions of this chapter shall constitute the exclusive procedure whereby condemnation may be undertaken in this State.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-70. Appraisal of property; necessity of negotiation; condemnor's right to enter upon land for limited purposes.

(A) Before initiating a condemnation action, the condemnor shall cause the property to be appraised to determine the amount that would constitute just compensation for its taking and shall make the appraisal available to the landowner.
(B) The condemnor and landowner shall make reasonable and diligent efforts to negotiate an agreement upon the amount of compensation to be paid. The condemnor shall certify to the court that a negotiated resolution of the conflict was attempted prior to the institution of the condemnation action. A failure of any party to comply with this subsection is not a defense to a condemnation action.
(C) The condemnor shall have the authority, after reasonable notice to the landowner, to enter upon the real property in which an interest is proposed to be acquired for the purpose of making a survey, determining the location of proposed improvements, or making an appraisal. In the event a landowner refuses to allow entry, the circuit court may issue an ex parte order enforcing this section. A landowner shall have no cause of action for trespass arising out of the exercise of authority pursuant to this section.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-80. Service of process.

Any service required under this chapter may be made by certified mail with return receipt requested or by any other means permitted by law for service of a summons in civil cases. When service is made by certified mail, the date of service must be the date of delivery, refusal, or last attempted delivery as shown on the return receipt.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-90. When condemnor may take possession of property.

A condemnor may take possession of property:
(1) at any time upon receipt of written consent of the record owner or owners of fee simple title to the property;
(2) upon payment to the owner of mutually agreed compensation;
(3) upon deposit with the clerk of court in the county in which the property to be condemned is situated, the amount stated in the Condemnation Notice as just compensation for the property, the amount having been determined by the condemnor pursuant to Section 28-2-70(a) before initiating the action;
(4) upon payment to the owner or deposit with the clerk of court of the amount determined by the appraisal panel or awarded by the judgment in the condemnation action.
HISTORY: 1987 Act No. 173, Section 1.
2023 South Carolina Code of Laws › Title 28 - Eminent Domain › Chapter 2 - The Eminent Domain Procedure Act › Section 28-2-100. Acquisition of uneconomic remnant or remaining property.

(A) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor may acquire the remnant concurrently by purchase or condemnation.
(B) "Uneconomic remnant", as used in this section, means a remainder following a partial taking of property, of that size, shape, or condition as to be of little value or that gives rise to a substantial risk that the condemnor may be required to pay in compensation for the part taken an amount substantially equivalent to the amount that would be required to be paid if it and the remainder were taken as a whole.
HISTORY: 1987 Act No. 173, Section 1.