A disclosure statement in real estate is a legal document where the seller lists known issues or defects with the property. It helps protect buyers from surprise problems and protects sellers from legal claims after the sale.
In South Carolina, sellers are required to complete a Residential Property Condition Disclosure Statement unless the property is exempt (like in estate or foreclosure sales). This form asks about everything from roof leaks and electrical issues to boundary disputes and HOA restrictions.
If you’re selling in the Lake Marion area, especially near Santee or the waterfront, disclosure is not just a legal step — it’s a trust-building tool. The team at Carolina Properties at Lake Marion makes sure you disclose what’s necessary without oversharing or creating buyer fear.
What Must Be Disclosed in South Carolina Real Estate?
In South Carolina, the law is clear: sellers must disclose known material defects. That means anything that could affect the property’s value, safety, or desirability.
Here are some items commonly covered in the disclosure:
- Roof leaks or past damage
- Plumbing, electrical, or HVAC problems
- Water intrusion or mold
- Pest infestations (past or present)
- Foundation or structural issues
- Septic or well malfunctions
- Boundary line disputes or easements
- Environmental hazards (asbestos, lead paint, etc.)
- Homeowners Association (HOA) restrictions or violations
- Zoning or land-use changes that impact the property
Pro Tip: If you’re unsure whether to disclose something, talk to your real estate agent. Our team of realtors will help you make the right call. Under-disclosing can lead to lawsuits. Over-disclosing might scare buyers unnecessarily.
What Happens If You Don’t Disclose Problems?
Failing to disclose issues isn’t just unethical — in South Carolina, it can get you sued.
Here’s what could happen:
- Lawsuits for misrepresentation or fraud
- Forced buybacks or financial settlements
- Damage to your reputation as a seller
- Delays in closing if the buyer discovers the issue during due diligence
Example: A seller didn’t disclose a past septic tank issue, assuming it had been fixed. The buyer discovered recurring problems after moving in and filed a claim. The result? A costly legal battle and thousands in compensation.
Honesty is protection. It doesn’t mean your home has to be perfect — it just means the buyer deserves the full picture before making their decision.
When Do You Provide the Disclosure Statement?
In South Carolina, you’re required to provide the disclosure statement before the buyer makes a written offer. Ideally, it should be shared when the home is listed, so there are no surprises.
Your real estate agent will help you:
- Access the most up-to-date South Carolina disclosure form
- Complete it accurately and thoroughly
- Share it with potential buyers at the right time
Tip: Transparency often leads to faster, cleaner closings. Buyers feel more confident when they know what they’re walking into.
Carolina Properties at Lake Marion provides sellers with professional guidance on how to fill out disclosures clearly — and how to address any red flags with confidence.
Can a Disclosure Statement Help You Sell Faster?
Yes. It might seem like disclosing problems could scare buyers away, but the opposite is often true.
A clear and honest disclosure statement builds trust. Buyers appreciate transparency, and a well-documented home makes their due diligence easier. That means fewer negotiations, fewer surprises, and a smoother closing process.
Here’s how disclosure helps your sale:
- Reduces the risk of post-closing legal issues
- Encourages serious buyers to move quickly
- Positions your home as “well-maintained and well-documented”
- Can offset concerns from older systems or repairs
Carolina Properties works with sellers across the Lake Marion area to prepare listings that feel safe, clean, and clear — even if they aren’t flawless.
FAQ: Real Estate Disclosure Statements
Q: Do I have to disclose if a repair was already completed?
Yes, especially if it was a major issue like mold, water intrusion, or structural damage.
Q: What if I truly didn’t know about a problem?
You can’t be held responsible for issues you were unaware of, but buyers may request inspections.
Q: Are disclosure laws the same across all states?
No. South Carolina has its own laws, and exemptions may apply in certain sales (like estate properties).
Q: Can a buyer back out because of the disclosure?
Yes. If the issues raise concerns, buyers may walk away during due diligence. Better to lose a buyer early than face a lawsuit later.
Q: Should I hire an inspector before filling out the disclosure?
It’s optional but recommended. A pre-inspection helps you identify issues early and answer the disclosure honestly.
Need Help With Disclosures? Carolina Properties Has You Covered
Don’t risk your sale — or your future legal standing — by skipping over disclosure forms. The experienced agents at Carolina Properties at Lake Marion will guide you through the process, help you understand what to report, and show you how to turn honesty into a selling point.
Whether it’s a roof repair, a minor leak, or something bigger, we help you:
- Fill out your disclosure statement accurately
- Identify what matters most to buyers
- Strategically explain past repairs
- Avoid costly surprises or delays during closing
Contact Carolina Properties Today to start your listing the right way.