Short answer: South Carolina law doesn't require a buyer to sign a representation agreement before touring a home. It requires the agent to give you the state's Disclosure of Real Estate Brokerage Relationships before showing a property (SC Real Estate Commission guidance under SC Code 40-57-370), and it says an agent can represent you as your agent only under a written agreement (40-57-370(E)). The written-agreement-before-touring practice comes from the 2024 National Association of REALTORS settlement rules, which apply to agents in REALTOR-run MLSs. Any agreement you sign must state the compensation, a start and end date, and the type of property and price range (40-57-135(I)(2)).
Key facts
- Before a showing: the agent must give you the state's Disclosure of Real Estate Brokerage Relationships form. The SC Real Estate Commission says substantive contact happens when a licensee shows a property (SCREC guidance, 2024).
- Default status: until you sign an agency agreement, you're a customer and the firm acts as a transaction broker (SC Code 40-57-370(C)).
- Agency needs writing: no agency relationship can be created orally or by implication (40-57-370(E)).
- Tour agreements: the signed-agreement-before-touring rule comes from the NAR settlement practice change effective August 2024, not from a SC statute.
- What an agreement must include: duties, compensation, start and end dates, a definite expiration, property type and price range, and signatures (40-57-135(I)(2)).
- Who pays doesn't decide who represents you: 40-57-370(F).
- Commissions: "fully negotiable and not set by law" (state disclosure form, Rev. 12/18/2024).
- Dual agency: only with prior written consent, signed by the buyer before writing an offer (40-57-350(I)).
What does South Carolina law require before you tour a home?
A disclosure, not a contract. SC Code 40-57-370(A) says a licensee must give every potential buyer and seller they have substantive contact with a meaningful explanation of brokerage relationships and the Commission's disclosure form, at the first practical opportunity. Substantive contact means the conversation has moved past casual introductions into your motives, finances or confidential information (40-57-30(38)).
In its 2024 guidance on the NAR settlement, the SC Real Estate Commission took the position that substantive contact occurs when a licensee shows a property. So every South Carolina licensee, REALTOR or not, has to give you the form before showing any property.
The current form is titled "South Carolina Disclosure of Real Estate Brokerage Relationship" (Rev. 12/18/2024). It used to be called the Agency Disclosure Brochure. Signing it doesn't commit you to anything. The form says: "By signing this disclosure, you do not agree to pay a commission." It also says the firm "will not receive compensation from any source for showing homes or property to you as a customer without a separate written agreement."
Where does the agreement-before-touring rule come from?
From the National Association of REALTORS settlement. Starting in August 2024, NAR's practice rules require agents working in REALTOR-affiliated MLSs to have a written agreement with a buyer before touring a home. That's a trade association rule tied to a lawsuit settlement. It isn't a South Carolina statute or Commission rule.
Many websites say "South Carolina requires a buyer agreement before touring." That's not accurate. What SC law requires is the disclosure form before a showing, and a written agreement if you want the firm to act as your agent. In practice most Hilton Head agents will ask you to sign an agreement before a tour, because most belong to an MLS that follows the NAR rules.
What's the difference between a customer and a client?
How much the firm owes you. Under 40-57-370(C), when you first have substantive contact you're presumed a customer, and the firm acts as a transaction broker. A transaction broker helps both sides complete the deal but doesn't advocate for you. You become a client when you sign an agency agreement, and then the firm owes you the duties of an agent.
South Carolina allows four kinds of relationships (40-57-350):
| Relationship | What it means |
|---|---|
| Single agency | The firm represents only you in the deal. |
| Disclosed dual agency | The firm represents both buyer and seller, with written consent from both. You sign before writing an offer. |
| Designated agency | Two agents in the same firm each represent one side, with written consent. The broker-in-charge stays a disclosed dual agent. |
| Transaction brokerage | The firm helps both sides as customers, without representing either. |
Each sales contract must state whether the buyer and seller received customer or client service (40-57-370(B)).
What must a buyer agreement say?
South Carolina rewrote the rules for agency agreements in 2024 (Act No. 204). Under 40-57-135(I)(2), a buyer representation agreement has to be in writing and include:
- The firm's duties and its office policy on dual agency, designated agency and transaction brokerage.
- The compensation or how it's figured, and how and when it's earned.
- How compensation is shared with other brokers, and any retainer.
- Specific start and end dates and a definite expiration.
- Whether it's exclusive, labeled as such.
- The type of property and "a price or price range."
- Signatures of all parties, with a copy given to you at signing or right after.
Read the compensation section closely. Who pays the commission doesn't decide whom the agent represents (40-57-370(F)), and commissions are negotiable. You can negotiate the term too: an agreement for one afternoon's tours is a different thing from a six-month exclusive. If the seller offers to pay part of your agent's fee, the agreement should say how that's credited.
Can the same firm represent you and the seller?
Yes, but only with your written consent. Dual agency requires "prior informed and written consent of all parties" on the Commission's form, signed by the buyer before writing an offer (40-57-350(I)(1)). Designated agency has the same timing (40-57-350(J)). A dual agent can't advocate for either side the way a single agent can, so decide before you see a home listed by your agent's firm what you'll do.
How we help
We give you the state disclosure form before we show you anything and walk through the relationship options. If you want representation, we'll put the term, property type, price range and compensation in writing and give you a copy when you sign. You can also check our license with the SC Real Estate Commission.
Questions
Do I have to sign anything to walk into an open house?
No representation agreement is required by South Carolina law to visit an open house. If you start talking with the listing agent about your finances or motives, they owe you the brokerage relationship disclosure. Remember that the listing agent works for the seller unless you agree otherwise in writing.
Can I end a buyer agreement early?
It depends on what you signed. South Carolina law requires a definite expiration date but doesn't set a standard cancellation right, so the agreement's own terms control. Ask for a short term or a cancellation clause before you sign, and have an attorney review it if you're unsure.
Is my buyer's agent the same as my closing attorney?
No. South Carolina requires a licensed SC attorney to supervise the closing, and that attorney's role is separate from your agent's. See do I need an attorney to buy a house in SC.
Sources
- SC Code Title 40 Chapter 57 (real estate brokers and associates), SC Legislature (checked October 2026)
- Recent settlement and South Carolina law, SC Real Estate Commission (checked October 2026)
- South Carolina Disclosure of Real Estate Brokerage Relationship (Rev. 12/18/2024), SC Real Estate Commission (checked October 2026)
- South Carolina Real Estate Commission, SC LLR (checked October 2026)