Short answer: South Carolina law requires the owner of a home with one to four dwelling units to give the buyer the Residential Property Condition Disclosure Statement, a form set by the SC Real Estate Commission, before the contract is signed unless the contract says otherwise (SC Code 27-50-40 and 27-50-50). The seller marks what they actually know about the roof, systems, water and sewer, pests, environmental hazards, flooding, flood insurance and the HOA, or chooses "no representation." A seller who knowingly gives false or misleading answers is liable for the buyer's actual damages. The form doesn't replace your own inspection.

Key facts

  • Who must give it: the owner of residential property with 1 to 4 dwelling units, for a sale, exchange, installment land contract or lease with option to buy (SC Code 27-50-20).
  • When: before the purchaser and owner sign the contract, "or as otherwise agreed in the real estate contract" (27-50-50(A)).
  • The form: set by the SC Real Estate Commission. The current PDF footer reads "Effective 6/2023; Updated 6/2025" (SC LLR).
  • Seller's choices: answer from actual knowledge, or mark "no representation" (27-50-40(B)).
  • If the seller lies: a seller who knowingly gives false, incomplete or misleading information is liable for actual damages and court costs, and the court may award attorney fees (27-50-65).
  • If it's never delivered: the contract isn't void and closing isn't delayed by law (27-50-50(B)).
  • Exempt sales: 15 kinds, including estate and foreclosure sales, new homes never lived in, public auctions, and sales where both sides agree in writing to skip it (27-50-30).
  • Separate federal rule: homes built before 1978 also need the lead-based paint disclosure (EPA).

Who has to give a disclosure statement?

The owner, for most resale homes. South Carolina's disclosure law (Title 27, Chapter 50, Article 1) covers homes, villas and condos with one to four dwelling units when they're sold, exchanged, sold on an installment land contract or leased with an option to buy. The owner fills out the form and delivers it to the buyer. The listing agent must tell the owner in writing about that duty (27-50-70).

The law lists 15 kinds of transfers that don't need it (27-50-30). The ones Hilton Head buyers see most often:

  • Sales by an estate's personal representative, a trustee, guardian or conservator, and other court-ordered transfers, including foreclosures.
  • The first sale of a home that's never been lived in, which covers most new construction.
  • Sales at public auction.
  • Sales between co-owners, to a spouse, or to children or grandchildren.
  • Timeshares and vacation multiple-ownership interests.
  • Any sale where buyer and seller agree in writing not to complete a disclosure.

When a sale is exempt, you have even more reason to get a full inspection and pull the records yourself.

What does the form ask about?

The statute sets the minimum list, and the Commission's form adds detail. By law the form must cover (27-50-40(A)):

  1. Water supply and sewage disposal.
  2. Roof, chimneys, floors, foundation and other structural parts.
  3. Plumbing, electrical, heating, cooling and other mechanical systems.
  4. Present wood-destroying insect infestation, or past infestation with unrepaired damage.
  5. Zoning, restrictive covenants, building codes, encroachments and government notices.
  6. Lead paint, asbestos, radon, methane, underground storage tanks and other contamination.
  7. Any rental, rental management or vacation rental contract in place at closing.
  8. Any utility meter conservation charge.
  9. Whether the property is governed by a homeowners association.

Item 7 matters on Hilton Head. If a villa comes with a rental management contract or future guest bookings, the seller has to disclose that. Remember that the Town's short-term rental permit doesn't transfer to you.

What does it ask about flooding?

More than it used to. The current form has a block of flood and coastal questions:

  • Fire, smoke or water damage, including flooding (question 20).
  • Erosion and erosion control structures such as bulkheads, revetments, seawalls and sandbags (22).
  • Flood hazards and the flood zone (23).
  • Whether the home has NFIP or private flood insurance now (24).
  • Past flood insurance claims, with dates and amounts (25).
  • Flood repairs that weren't covered by insurance (26).
  • Federal flood disaster help from FEMA, SBA or HUD, with amounts (27).
  • Beach nourishment assessments (28).

If the seller answers yes to any of these, ask for the claim and aid paperwork. Then check the flood zone and the elevation certificate yourself. The Town gives free copies of elevation certificates on file since 1983. See Is Hilton Head in a flood zone? and elevation certificates.

Oceanfront property has an extra rule. A contract for property that's partly or wholly seaward of the state's beachfront setback line must include a separate statement about the setback line, the baseline and the erosion rate (SC Code 48-39-330). See the oceanfront setback line.

What does "no representation" mean?

It means the seller isn't saying anything either way about that item. The law gives every seller that option (27-50-40(B)). It's common when the seller is an investor or has never lived in the home. It doesn't protect a seller who actually knows about a problem: the form itself says choosing it doesn't waive liability for what the owner knows. If you get a form full of "no representation" answers, plan your inspection and records requests around it.

A disclosure is also limited to the dwelling. For condos and villas, the law says it doesn't address common elements the owner isn't directly responsible for (27-50-10(4)). Roofs, siding and pools that belong to the regime are a question for the association's resale documents, minutes and reserve information.

What if the seller didn't disclose a known problem?

You may have a claim for your actual damages. An owner who knowingly fails to perform a duty under the law, or who knowingly gives false, incomplete or misleading information, is liable for the damages that caused you plus court costs. The court can also award reasonable attorney fees to the winning side (27-50-65). If the seller learns of a material problem after giving you the form, they have to correct it promptly or make reasonable repairs before closing (27-50-60).

The law has limits. An agent isn't liable for a seller's false answers they didn't know about or have reason to suspect (27-50-70). It doesn't limit your duty to inspect (27-50-80). Sellers don't have to disclose a death in the home or registry information about sex offenders (27-50-90), though they can't lie if you ask directly. And the parties can agree to sell "as is" (27-50-110). Talk to a South Carolina attorney about any claim.

How we help

We'll request the disclosure before you sign, go through the flood and HOA answers with you, and request the elevation certificate, the community's resale documents and, with the seller's permission, a CLUE claims report. Where answers are blank or "no representation," we'll tell you what records to ask for.

Questions

Does a builder have to give a disclosure statement?

Not on the first sale of a home that's never been lived in, which is exempt under SC Code 27-50-30. Rely on your inspection, the builder's warranty, the permit records and the flood documents instead.

Can I get the disclosure after I sign the contract?

Only if your contract says so. The law says it's delivered before both sides sign, or as otherwise agreed in the contract. Ask for it before you sign so its answers shape your offer and inspection.

Does the form show the home's insurance claims?

It asks about flood insurance claims and federal flood aid, but not every homeowners claim. For that, a CLUE report lists up to seven years of claims on the property. See CLUE reports.

Sources

  1. SC Code Title 27 Chapter 50 (residential property condition disclosure), SC Legislature (checked October 2026)
  2. South Carolina Residential Property Condition Disclosure Statement, SC Real Estate Commission, SC LLR (checked October 2026)
  3. SC Code Title 48 Chapter 39 (48-39-330, beachfront disclosure), SC Legislature (checked October 2026)
  4. Real estate disclosures about potential lead hazards, US EPA (checked October 2026)
  5. Flood elevation certificates, Town of Hilton Head Island (checked October 2026)