NC REALTORS® Legal Questions and Answers (Q&A)

• Do I have to disclose damage to a home that has been fully repaired?
• Does a buyer’s agent always have to provide feedback after a showing?
• Preventing Seller Impersonation Fraud in Residential and Commercial Transactions
• Can a broker always be a dual agent?
• New Law Permitting Agent Compensation in a Purchase Contract
• Referral Fees
• How should I handle switching firms?
• Securing timely payment of the Due Diligence Fee
• Do I need to disclose repairs performed after a small fire?
• How should I handle a dual or variable rate commission agreement under new MLS rules?
• Can I advertise space heated by a mini-split as heated living area?
• Navigating Cooperative Compensation in Compliance with the License Law and the Code of Ethics (Part 2)
• How should I fill out the Firm’s Fee section of the Exclusive Right to Sell Listing Agreement (Form 101)?
• How to Handle Cooperative Compensation and Buyer Agency Agreements
• Winning a Prize for Attending an Open House
• The Offer to Purchase and Contract and Contingent Sales
• Guide and Best Practices for an Alleged Misrepresentation or Failure to Disclose by the Seller or Listing Agent
• Delivery of Due Diligence Fee and Demand
• Important Update to Telemarketing Rules
• Discovery and Disclosure of Built-Upon Area
• Should my seller consider a “subject to” offer or an offer that contains a wraparound mortgage?
• Listing a Property Subject to a Right of First Refusal
• How should I fill out the dual agency section in the new Exclusive Buyer Agency Agreement (Form 201)?
• Termination Date on the Cooperative Compensation Agreement (Form 220)
• When should I use the Offer to Purchase and Contract – New Construction (Form 800-T) instead of the New Construction Addendum (Form 2A3-T)?
• Best Practices for the Cooperating Compensation Agreement (Form 220)

 More Practice Change-Related Resources

• Edits to Form 220 and New Forms 201, 202, and 220G
• Summary of Residential Forms Changes
• Summary of Auction Forms Changes
• Summary of Property Management Forms Changes
• Summary of Commercial Forms Changes
• Informational videos explaining forms changes
• What if a buyer refuses to sign a written buyer agreement before a home tour?
• Revised Form 220 – Frequent Questions Answered

SC REALTORS® Information and Resources

Forms Changes Effective Aug. 12, 2024

New! SCREC LLR updated Disclosure Form

Visit or subscribe to the SC REALTORS® YouTube channel.

The SCR Legal Hotline is open Monday through Friday from 9:00 a.m. to 5:00 p.m.
803-772-5206

Read more about the SC REALTORS® forms update.

• 120 (Compensation Agreement)
• 130 (Exclusive Right to Buy Buyer’s Agency)
• 135 (Exclusive Agency Buyer Agency Contract)
• 136 (Exclusive Right to Buy Transaction Brokerage Agreement)
• 138 (Transaction Brokerage Agreement)
• 210 (Exclusive Agency Listing Agreement)
• 220 (Exclusive Right to Sell Agreement Listing Agreement)
• 221 (Exclusive Right to Sell Transaction Brokerage Agreement)
• 300 (Agreement/Contract: To Buy and Sell Real Estate (Residential/Condo)
• 310 (Agreement/Contract: To Buy and Sell Real Estate (Residential)
• 330 (Agreement/Contract: To Buy and Sell Real Estate (Lots/Acreage)

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