Can we sell the property if it has major safety issues and damage, and what disclosures do we need to make to buyers? – South Carolina

Short Answer

Yes. South Carolina law generally allows an owner to sell a residential property with major safety issues, damage, pests, roof problems, unsafe flooring, and cleanup needs. The seller must not hide known material problems and usually must give the buyer a written residential property condition disclosure statement before the contract is signed, unless an exemption applies or the parties agree in writing not to complete the statement.

An “as-is” sale can shift repair responsibility, but it does not make false, incomplete, or misleading disclosures safe. If new damage occurs after the disclosure is delivered, the seller should promptly correct the disclosure or make reasonable repairs before closing.

Understanding the Problem

Can a South Carolina residential property owner sell a damaged property with major safety concerns, and must the owner disclose known conditions to buyers before a sale contract is signed? This question focuses on the seller’s duty to disclose known property conditions, not on whether a buyer will accept the risk, obtain financing, or request repairs.

Apply the Law

South Carolina does not require a residential property to be in perfect condition before it can be listed or sold. The key issue is disclosure. For most sales of one-to-four dwelling residential property, the owner must provide the South Carolina residential property condition disclosure statement to the purchaser before the real estate contract is signed, unless the transaction is exempt or the contract provides another agreed delivery time.

The disclosure law focuses on actual knowledge and material conditions. A seller should answer the disclosure statement carefully and should separately document known safety issues when the form’s checkboxes do not fully explain the problem. Major conditions like unsafe access steps, damaged floors, roof holes, pest infestation, unrepaired pest damage, and structural concerns should not be minimized. A seller may market the property “as-is,” but “as-is” language does not protect a seller who knowingly gives false, incomplete, or misleading material information.

Key Requirements

Covered residential property: The disclosure law generally applies to sales, exchanges, installment land sale contracts, and lease-option contracts involving residential real property with at least one but not more than four dwelling units.
Written disclosure before contract: Unless an exemption applies or the parties agree otherwise in the contract, the owner must deliver the written disclosure statement before the buyer and seller sign the real estate contract.
Known material conditions: The seller should disclose actual knowledge of major defects and unsafe conditions, including roof, floor, structural, pest, environmental, mechanical, and occupancy-related issues addressed by the disclosure form.
Prompt correction if facts change: If damage, theft, pest activity, or another event makes a prior disclosure materially inaccurate before closing, the owner must promptly correct the disclosure or make reasonable repairs before closing.

What the Statutes Say

S.C. Code Ann. § 27-50-20 (Scope of residential disclosure law) – applies the disclosure article to certain residential transfers involving one-to-four dwelling units.
S.C. Code Ann. § 27-50-30 (Excluded transfers) – lists transactions excluded from the disclosure article, including some fiduciary, foreclosure, auction, government, and agreed written waiver situations.
S.C. Code Ann. § 27-50-40 (Disclosure statement contents) – requires the owner to furnish the disclosure statement and identifies categories such as roof, floors, structural components, pest infestation, environmental conditions, leases, and homeowners association information.
S.C. Code Ann. § 27-50-50 (Delivery and effect of failure to provide form) – requires delivery before contract signing unless otherwise agreed, but says failure to provide the form does not automatically void the agreement or create a title defect.
S.C. Code Ann. § 27-50-60 (Corrected disclosure statements) – requires a prompt corrected disclosure or reasonable repairs if the disclosure becomes materially inaccurate before closing.
S.C. Code Ann. § 27-50-65 (False, incomplete, or misleading material information) – creates potential liability for an owner who knowingly violates the disclosure duties or knowingly gives false, incomplete, or misleading material information.
S.C. Code Ann. § 27-50-80 (Buyer’s obligation to inspect) – preserves the buyer’s obligation to inspect the property and states that real estate licensees do not have a duty to inspect onsite or offsite conditions.

Analysis

Apply the Rule to the Facts: The property can be listed and sold in South Carolina despite major damage and safety concerns. The owner should disclose known issues with exterior access steps, pest problems, unsafe flooring, roof holes, and cleanup needs because those facts relate directly to roof, floors, structural components, pest infestation, and property condition. If an occupant delay involves a lease, rental arrangement, or possession issue at closing, that should be disclosed and addressed in the contract. If theft or new damage occurs after the disclosure is delivered, the seller should update the disclosure promptly or make reasonable repairs before closing.

Process & Timing

Who files: No court filing is normally required for this disclosure step. Where: The owner typically delivers the completed South Carolina residential property condition disclosure statement to the buyer through the listing agent, buyer’s agent, or closing attorney. What: The owner should complete the South Carolina Real Estate Commission’s residential property condition disclosure statement and attach clear written explanations for major safety and damage issues. When: Deliver it before the buyer and seller sign the real estate contract, unless the contract provides a different agreed timing.
Document the unsafe conditions: Before showings continue, the seller should identify unsafe access points, unstable flooring, roof openings, pest activity, and cleanup hazards in writing. The seller should also consider limiting access, posting warnings through the listing process, or requiring supervised showings so that marketing does not create avoidable risk.
Update before closing: If the condition changes before closing, the seller should promptly send a corrected disclosure or complete reasonable repairs. The final closing documents should match the agreed deal, including any “as-is” language, repair credits, inspection rights, possession terms, and buyer acknowledgments.

Exceptions & Pitfalls

Assuming “as-is” means “no disclosure”: An as-is sale can tell the buyer the seller will not make repairs, but it does not excuse knowingly false, incomplete, or misleading statements about material defects.
Leaving the form too vague: Checking a box may not be enough when the seller knows about unsafe steps, roof holes, unstable floors, pests, or unrepaired damage. Short written explanations and supporting documents can reduce confusion.
Forgetting post-disclosure damage: Theft, vandalism, storm damage, new roof openings, or worsening pest activity can make an earlier disclosure inaccurate. South Carolina law calls for prompt correction or reasonable repairs before closing.
Ignoring occupant or possession issues: If an occupant’s delay affects access, possession, a lease, or closing logistics, the seller should address it in the disclosure and contract documents when it relates to the property being transferred.
Relying only on the buyer’s inspection duty: Buyers still must inspect, but that does not allow a seller to hide known defects. For more on undisclosed defects, see seller and agent responsibility for undisclosed or downplayed defects in South Carolina.
Overlooking structural repair negotiations: Serious roof, floor, access, or pest damage often leads to inspection objections, repair requests, credits, or price changes. Related issues are discussed in buyer repair or price reduction requests for undisclosed structural damage.

Conclusion

A South Carolina seller may sell a residential property with major safety issues and damage, but the seller should disclose known material conditions clearly and promptly. The most important step is to complete and deliver the residential property condition disclosure statement to the buyer before the contract is signed, unless a valid exemption or agreed contract timing applies. If conditions change before closing, send a corrected disclosure or make reasonable repairs before closing.

Talk to a Real Estate Attorney

If a South Carolina property has unsafe access, pest damage, roof holes, flooring hazards, cleanup needs, or occupancy delays, our firm has experienced attorneys who can help evaluate disclosure duties, contract language, and closing timelines.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.