Selling and buying without an agent in South Carolina

Who runs your closing

South Carolina is an attorney state. A licensed South Carolina attorney must supervise a residential real estate closing, including the title examination, preparation of the deed and settlement documents, recording, and the disbursement of funds. This is not just a custom. The state Supreme Court has held that these closing activities are the practice of law, so a title or escrow company alone cannot handle them. As a for-sale-by-owner seller, you can still line up your own closing attorney, and it is smart to do so early. Ask what the attorney will need from you, since the buyer or their lender often chooses the closing firm, and confirm who is coordinating title work so nothing stalls near your closing date.

What you must disclose

South Carolina’s Residential Property Condition Disclosure Act, found at S.C. Code Ann. Title 27, Chapter 50, requires an owner of residential property of one to four dwelling units to deliver the Real Estate Commission’s prescribed disclosure statement before the contract is signed. You complete the form yourself, and you may mark an item ‘no representation’ rather than guess. The statute expressly lists conditions to address, including radon gas, methane gas, underground storage tanks, and wood-destroying insects, along with encroachments and land-use or zoning notices. The prescribed form is available at no cost from the Real Estate Commission, so there is no reason to pay for one. Fill it out honestly and keep a signed copy.

Transfer taxes

South Carolina collects a deed recording fee when the deed is recorded, and this fee functions as the state’s transfer tax. Under Chapter 24 of Title 12, the fee is $1.85 for each $500 of the property’s value, made up of a $1.30 state portion and a $0.55 county portion. As the party conveying title, the seller customarily pays it. On a $300,000 sale that comes to $1,110. Confirm the exact figure with your closing attorney, since value and exemptions are defined by statute.

The bottom line for doing it yourself

You can absolutely sell without an agent here, but two things are non-negotiable: an attorney runs your closing, and your written disclosure statement goes to the buyer before the contract is signed. Get the Commission’s disclosure form, engage a closing attorney early, and budget for the recording fee. Handle those, and the rest is pricing, marketing, and negotiating on your own terms.

This guide is general information, not legal advice. For your specific situation, consult a licensed South Carolina attorney.