STATE REFERENCE · BUYER AGREEMENTS
South Carolina: buyer-agreement requirements.
South Carolina — buyer-agreement requirements. Regulating authority: South Carolina Real Estate Commission — Dept. of Labor, Licensing and Regulation (LLR). Written agreement required: Yes.
This page lists what South Carolina requires, at the state level, before a licensee represents a buyer: who regulates real-estate licensees, whether a written buyer agreement is required by state law or rule, the statute or rule that says so, and whether the state mandates an agency-disclosure form or publishes an approved agreement form.
It is built for broker-owners and transaction coordinators who need the state rule in one place before setting office policy. Read it alongside your brokerage's own forms and your broker of record's guidance — the written-agreement question became a national practice issue in 2024, but the rule that binds you is your state's, and it is the state rule this page cites.
South Carolina, field by field.
- Regulating authority
- South Carolina Real Estate Commission — Dept. of Labor, Licensing and Regulation (LLR)
- Written agreement required by state law
- Yes
- Statute or rule
- S.C. Code § 40-57-135(I)(2) (listing and buyer's representation agreements in writing); dual agency form at S.C. Code § 40-57-350(I)(1). Read at scstatehouse.gov.
- Agency disclosure form
- Partly verified. § 40-57-350(I)(1): consent to dual agency 'is presumed to be informed if a party signs a completed copy of a dual agency agreement, promulgated by the commission,' and where dual agency applies that form must be signed by the buyer before writing an offer. We did not verify a separate standalone buyer agency disclosure form.
- State-approved form available
- Yes — mandatory use
Notes. 'A listing or buyer's representation agreement must be in writing and must set forth all material terms.' South Carolina puts the substance inside the agreement — duties, compensation, duration, termination — rather than in a separate mandated buyer brochure. The dual agency form is the Commission's own and must be signed before an offer is written, so if there is any chance a file goes dual, get that signature early rather than at the offer table.
Where this comes from.
Regulator. South Carolina Real Estate Commission — Dept. of Labor, Licensing and Regulation (LLR)
Cited. S.C. Code § 40-57-135(I)(2) (listing and buyer's representation agreements in writing); dual agency form at S.C. Code § 40-57-350(I)(1). Read at scstatehouse.gov.
Status. Verified — cited, last verified 2026-08-15. Start with the regulating authority link — it is the primary source. Then read the statute or rule cite and confirm it against the authority's current published text. The verification status below tells you exactly how far this row was checked; anything marked "not verified" is a starting point for your own confirmation, not a conclusion.
What to confirm.
Ask the SC Real Estate Commission whether it promulgates or requires an agency disclosure form for buyer representation separate from the dual agency form, and by what point the written buyer's representation agreement must be signed — the statute requires it in writing but we did not verify a deadline.
South Carolina, answered from the row.
Who regulates real-estate licensees in South Carolina?
South Carolina Real Estate Commission — Dept. of Labor, Licensing and Regulation (LLR)
Does South Carolina require a written buyer agreement by state law?
Yes
Where is the South Carolina rule written?
S.C. Code § 40-57-135(I)(2) (listing and buyer's representation agreements in writing); dual agency form at S.C. Code § 40-57-350(I)(1). Read at scstatehouse.gov.
Does South Carolina mandate an agency-disclosure form?
Partly verified. § 40-57-350(I)(1): consent to dual agency 'is presumed to be informed if a party signs a completed copy of a dual agency agreement, promulgated by the commission,' and where dual agency applies that form must be signed by the buyer before writing an offer. We did not verify a separate standalone buyer agency disclosure form.
Illustrations only — not legal, tax or accounting advice. Verify your own splits, caps and fees against your independent contractor agreements, and verify any disbursement question with your closing agent and your counsel.
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