Contract Guides
Plain-English breakdowns of South Carolina's most-used forms — with direct links to the official PDFs. Educational only; always confirm details with your broker-in-charge.
30 questions focused on the SC purchase contract (SCR 310) and agency agreements (SCR 130, 220, 120), plus brokerage disclosure and Form 525.
SC Disclosure of Brokerage Relationships — South Carolina Disclosure of Real Estate Brokerage Relationships
Source: SC LLR (Real Estate Commission)
The state-mandated agency brochure required by S.C. Code § 40-57-370. It explains the difference between single agency, dual agency, designated agency, and customer (non-client) status so the consumer can make an informed choice about how they want to be represented.
When to Use
- ▸At the first practical opportunity once you have substantive contact with a consumer.
- ▸Before discussing motivations, price, terms, or anything beyond casual conversation about a property.
- ▸Any time the relationship changes (e.g., a customer becomes a client).
Watch-outs
- !This is a disclosure, not an agency contract — it does not create representation.
- !Document delivery: get a signed acknowledgment or note in your file the date/time and method of delivery.
- !Substantive contact can happen at an open house, on a call, or by text — not just in your office.
Key Sections
The brokerage represents only one party — buyer OR seller — with full fiduciary duties.
The same brokerage (and sometimes the same agent) represents both sides. Requires informed written consent from both parties.
Two licensees in the same firm are designated to represent each side separately, with the BIC supervising.
No representation. The licensee owes honesty and fair dealing but no fiduciary duties.
SCR 310 — Agreement to Buy and Sell Real Estate (Residential)
Source: South Carolina REALTORS®
The standard residential purchase contract used in most SC resale transactions. It establishes the parties, price, terms, contingencies, due diligence period, financing, closing date, and what conveys with the property.
When to Use
- ▸Any standard residential resale where SCR forms are used.
- ▸Pair with addendums for HOA, lead-based paint, FHA/VA, repairs, and any unique terms.
Watch-outs
- !Time is of the essence — missed deadlines can equal default.
- !Always confirm the earnest money is delivered to the named escrow agent within the stated time.
- !Use the Repair Addendum (Form 525) — never edit repairs into the body of the 310 after the fact.
Key Sections
Date of last signature/initial after delivery to all parties — drives every deadline in the contract.
Buyer's window to inspect, investigate, and terminate for any reason with earnest money returned.
Defines the loan contingency and what happens if the property appraises low.
Held by an authorized escrow agent (brokerage trust, attorney, or title company) — never by the seller.
Built-ins generally convey; freestanding items typically do not unless listed.
SCR 130 — Exclusive Right to Buy — Buyer Agency Contract
Source: South Carolina REALTORS®
The exclusive buyer agency agreement. Establishes the fiduciary relationship between buyer and brokerage, the property type and geography covered, the term, and how the agent is compensated — including any shortfall the buyer agrees to cover.
When to Use
- ▸Required before touring property with a buyer client (post-NAR settlement best practice and SC norm).
- ▸Any time you want exclusive representation of a buyer for a defined property type and area.
Watch-outs
- !Be specific on geography and property type — vague scope creates disputes.
- !Walk through the compensation section line-by-line; do not assume the seller side will cover it.
- !If compensation will come from the listing side or seller, also execute SCR 120.
Key Sections
Buyer appoints the brokerage as exclusive agent for the property types and area defined.
Specific start and end dates — not open-ended.
States the fee owed to the buyer brokerage and how it is sourced (seller, listing broker via SCR 120, or buyer).
Carryover window if the buyer purchases a property they were shown during the term.
SCR 220 — Exclusive Right to Sell Listing Agency Agreement
Source: South Carolina REALTORS®
The standard exclusive-right-to-sell listing agreement. Grants the brokerage the exclusive right to market and sell the property for a defined term and entitles the brokerage to its fee if the property sells during the term — regardless of who procures the buyer (subject to listed exclusions).
When to Use
- ▸Standard residential listings where the seller wants full-service representation.
- ▸When you want clear exclusivity and a defined protection period after expiration.
Watch-outs
- !Document any seller exclusions in writing at signing — not later.
- !Confirm the seller has authority to sign (all owners, trustee, executor, POA, etc.).
- !Discuss buyer-side compensation strategy upfront and document it on SCR 120 when applicable.
Key Sections
Defines the listing window and any rights to cancel or extend.
Authorizes price, MLS submission, signage, lockbox, photos, and advertising.
What the listing brokerage earns and how it may be shared with a cooperating buyer broker (often paired with SCR 120).
Confirms seller will deliver the SC Property Condition Disclosure and any HOA documents.
SCR 120 — Compensation Agreement
Source: South Carolina REALTORS®
The post-NAR-settlement compensation agreement used to confirm in writing how the buyer brokerage will be paid. Common uses include: FSBO seller paying the buyer side, listing brokerage paying the buyer side outside MLS, and buyer paying any shortfall.
When to Use
- ▸Any time the buyer brokerage's compensation is not coming from a published MLS offer of cooperative compensation.
- ▸FSBO purchases where the seller agrees to pay the buyer side.
- ▸When the listing broker offers an amount different from what the buyer brokerage is owed under SCR 130.
Watch-outs
- !Get SCR 120 executed before writing or presenting an offer where compensation is in question.
- !Send the executed SCR 120 to the closing attorney so disbursement at closing is clean.
- !If the buyer is covering a shortfall, make sure SCR 130 and SCR 120 numbers reconcile.
Key Sections
Identifies who is paying, who is being paid, and the property in play.
Fixed dollar or percentage, payable at closing.
Directs the closing attorney to pay the buyer brokerage from closing funds.
Form 525 — Repair Addendum / Amendment to Agreement to Buy and Sell Real Estate
Source: South Carolina REALTORS®
Used after Due Diligence inspections to memorialize what repairs (or credits/price reductions) the seller has agreed to. Becomes part of the SCR 310 contract once executed.
When to Use
- ▸After inspections, when the buyer wants specific repairs or concessions.
- ▸Any time the parties amend the original agreement — not just for repairs.
Watch-outs
- !Be specific: 'repair leak under kitchen sink by licensed plumber' beats 'fix plumbing.'
- !Watch lender rules — some loans cap or restrict seller credits.
- !Get the addendum signed inside the Due Diligence window or within the timeframe negotiated.
Key Sections
Lists each repair the seller agrees to complete in a workmanlike manner before closing.
Buyer's right to re-inspect and confirm completion.
Alternative to physical repairs — closing-cost credit or sales-price reduction.
Catch-all for modifying any other contract term.
PDFs are hosted by SC LLR and South Carolina REALTORS®. Forms are updated periodically — always confirm you are using the current version available through your brokerage or SCR member portal.