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Legal Guide6 min read

South Carolina FSBO Disclosure Requirements (2026)

Published October 2, 2025

South Carolina FSBO Disclosure Requirements (2026)

South Carolina requires sellers to complete the Residential Property Condition Disclosure Statement under SC Code §27-50-10. The state's diverse geography — coastal hurricane/flood zone, Lowcountry wetlands, Midlands clay soils, and Upstate Piedmont — creates different disclosure priorities by region.

SC Disclosure Framework

SC Code §27-50-10 through §27-50-90 governs seller disclosure. The Residential Property Condition Disclosure Statement must be provided before or at the time of contract. Buyers have 5 days after receipt to rescind.

South Carolina's form uses a "Yes/No/N/A" format with explanation required for "Yes" answers.

Coastal Zone Disclosure — Hurricane, Flood, Wind

SC's coastal counties (Charleston, Berkeley, Dorchester for the Charleston metro; Horry and Brunswick for Myrtle Beach; Beaufort, Jasper, and Colleton for the Lowcountry) face hurricane exposure.

Required coastal disclosures:

  • Any damage from named storms during ownership (Hugo 1989, Floyd 1999, Matthew 2016, Dorian 2019, Ian 2022 if applicable to your area)
  • Flood zone status: FEMA SFHAs are extensive in the coastal plain
  • Whether flood insurance is currently in force and transferable (not required, but helps buyers understand insurance costs)
  • Wind mitigation features (impact-resistant windows, hurricane straps, roof shape) — these affect insurance costs significantly
  • SC Coastal Zone Building Codes: SC adopted strict coastal building codes after Hugo (1989). Homes built before 1990 in coastal areas may not meet current wind resistance standards; those built post-1990 may have hurricane features worth disclosing (hurricane straps, reinforced garage doors).

    Columbia/Midlands Disclosure Issues

    Columbia and the Midlands region have clay-rich soils (the "sandhills" transition zone) that create foundation movement similar to other Southeastern clay-soil markets.

    Flooding: The October 2015 "1,000-year flood" in Columbia was catastrophic — the dam breaches flooded portions of the metro extensively. If your property was in the affected zone, disclose this history.

    Fort Jackson proximity: Some Columbia neighborhoods are under training flight paths or near installation operations. Disclose if your property is in noise-affected zones.

    Upstate SC (Greenville/Spartanburg) Issues

    The Upstate has different geology — the Piedmont region with more stable soils but some areas of expansive clay. The region's growth from automotive manufacturing (BMW Spartanburg plant is the largest BMW manufacturing facility in the world) has created strong buyer demand.

    Flooding: The Reedy River in Greenville and various Upstate waterways have flood-zone designations in some areas. The 2015 flooding affected some Upstate areas as well as Columbia.

    Radon: The Piedmont crystalline rock zone has elevated radon risk in some Upstate areas. Disclose any testing.

    South Carolina's Attorney Requirement

    South Carolina is an attorney-state — a licensed attorney must conduct the real estate closing. This applies to FSBO transactions as well. The closing attorney prepares the deed, handles escrow, and ensures proper transfer.

    For FSBO sellers, the buyer's attorney often handles the closing. However, consider having your own attorney review the purchase contract before signing.

    SC Deed Recording Fee

    $1.85 per $500 consideration. On a $300,000 sale: $1,110. Typically buyer's cost but negotiable.

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