If you are selling a house that has problems, you may be wondering how much you are legally required to tell buyers - and whether selling “as-is” lets you off the hook. In South Carolina there is a specific law that governs this, and understanding it protects you from legal trouble down the road.
The South Carolina disclosure form
The state’s disclosure law requires most residential sellers to complete a Residential Property Condition Disclosure Statement and give it to the buyer before the contract is finalized. The form asks about the known condition of things like the roof, foundation, systems (electrical, plumbing, HVAC), water intrusion and drainage, wood-destroying insects, and other material facts. The duty is to disclose what you actually know - you are not required to go inspect for hidden problems, but you cannot conceal known ones.
“As-is” does not remove the duty
This is the biggest misconception. Selling a home “as-is” means you are not agreeing to make repairs - it does not mean you can hide known defects. Even in an as-is sale, if you know about a foundation problem, a leaky roof, or water damage, you generally must disclose it. Trying to hide a known issue can lead to legal claims after closing, which is a far bigger problem than the disclosure itself.
The reassuring flip side: when you sell knowingly as-is to a cash buyer, disclosure is simple, because the buyer is purchasing with full knowledge of the condition. There is nothing to hide.
Who is exempt?
The law carves out specific exemptions where a disclosure form generally isn’t required, including:
- Foreclosure and lender-owned (REO) sales
- Estate / fiduciary sales by a personal representative, trustee, or conservator (they often didn’t live in the home)
- New construction never occupied
- Transfers between spouses or resulting from a divorce
- Tax sales and sales at public auction
- Certain transfers between co-owners or family
Common misconceptions that are not exemptions: the seller not living in the house, a for-sale-by-owner sale, an investment or rental property, or a home owned by a landlord. In all of those, the disclosure form is still generally required.
Why honesty is the smart play
Beyond the law, disclosure is simply good protection. Buyers who learn about issues up front and still proceed have far less ground to come after you later. Sellers who hide known problems are the ones who end up in disputes. If your home has real issues - see our guides on foundation problems, water and mold, or selling a fixer-upper - the safest path is to be upfront and, if you’d rather not deal with repairs, sell as-is to a buyer who accepts the condition knowingly.
If you have a home with issues and would rather sell as-is, we are a local, family-run company buying across Greenville, Spartanburg, Anderson, and Pickens counties. Reach out for a free, no-pressure offer.