Seller FAQ

The best time is usually when your life is ready, not when a calendar says so. Spring tends to bring more buyers in the Upstate, but it also brings more competition. In the fall or winter you may face fewer competing listings and meet buyers who need to move.

Before we pick a date, I'll pull recent sales and current inventory for your neighborhood and ask when you need to be out and whether you're buying next.

Fix anything broken, leaking or unsafe. Those items come up in inspections anyway, and buyers often overestimate what they'll cost. After that, focus on low-cost things buyers notice: paint touch-ups, burned-out bulbs, dripping faucets, overgrown landscaping and a deep clean.

I usually advise against big remodels right before a sale, because you rarely get every dollar back. Anything you know about and leave unfixed still has to be disclosed (see the disclosure questions below).

Yes, if you qualify. With eXp Ready, powered by Notable, you can get up to $50K for pre-listing work like repairs, paint and staging, with $0 upfront, and pay it back when the home sells. Interest may apply and eligibility isn't guaranteed. A $499 origination fee applies on the first draw, and funds are due twelve months after origination, at the sale of your home, or upon acceleration, whichever comes first (Notable NMLS #1824748).

See the details on my Why Work With Me page.

A pre-listing inspection shows you problems before a buyer finds them, so you can fix them, price for them or disclose them up front. The trade-off is that once you know about a problem, you have to disclose it.

South Carolina's disclosure form also offers a benefit: if you attach a report from a qualified third party, you're generally protected from liability for errors in that report, unless you were grossly negligent in getting it or passing it along.

In most cases, yes. The South Carolina Residential Property Condition Disclosure Act requires owners of one-to-four-unit homes to give buyers a written disclosure statement before the contract is signed, unless the contract says otherwise. The form is published by the SC Real Estate Commission.

You answer "Yes," "No" or "No Representation" for each item. "No" means you have no actual knowledge of a problem, and the form warns that "No Representation" shouldn't be used to avoid disclosing something you know. The disclosure is not a warranty and doesn't replace the buyer's inspections.

Section 27-50-30 of the state code lists the exemptions, including:

• court-ordered transfers, including foreclosures and some estate administration
• sales by a fiduciary handling an estate, guardianship, conservatorship or trust
• transfers between co-owners
• transfers solely to a spouse or lineal relatives
• transfers under a divorce decree
• the first sale of a home no one has lived in
• public auctions
• sales where buyer and seller both agree in writing not to complete a disclosure

Even when you're exempt, knowingly hiding a material defect can still cause legal trouble.

You have to correct it. If an answer turns out to be materially inaccurate, or something happens that makes it inaccurate (the Commission's example is a roof that starts leaking), you must promptly deliver a corrected disclosure or make reasonable repairs before closing.

An owner who knowingly gives false, incomplete or misleading material information can be liable for the buyer's actual damages and court costs, and a court may award attorney fees.

Federal rules require sellers of most pre-1978 homes to:

• disclose any known lead-based paint or lead hazards
• hand over any records or reports they have
• give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home"
• include a Lead Warning Statement in the contract
• give the buyer a 10-day window to arrange a lead inspection or risk assessment

There are exemptions, such as housing a certified inspector has found free of lead-based paint, and foreclosure sales.

I start with a comparative market analysis: recent closed sales of similar homes nearby, adjusted for size, condition, lot and features. I also look at active and pending listings, because that's what buyers are comparing your home against today.

Online estimates can be a starting point, but they can't see your updates, your roof or your street. I'll show you the comps I used and explain why, so you can see how I got to the number.

I understand wanting to test the market, but the first few weeks usually bring the most buyer attention. A home priced above the market can sit, and a long time on market makes buyers wonder what's wrong. Price drops are also visible to every buyer and agent.

A price that's right from the start usually gives you the strongest negotiating position. If the market tells us otherwise, we adjust based on showing feedback and data.

If the buyer is financing, the lender orders an appraisal. Under the SC REALTORS® standard contract, when the sale is appraisal-contingent and the appraisal comes in below the price, you can choose to lower the price to the appraised value by notice within the time the contract allows (5 calendar days or closing, whichever comes first).

If you decline, the buyer can go ahead anyway or terminate. In practice we often negotiate somewhere in between.

The SC REALTORS® exclusive right to sell agreement sets a start date, an end date and my compensation. It states that compensation is "solely a matter of independent negotiation between the Broker and the Seller" and isn't set by any board, MLS or law.

It usually includes a protection period: if a buyer who saw the home during the listing buys it shortly after the listing ends, the commission may still be owed. You also agree to complete the disclosure statement and correct it if anything changes. I'll walk through every blank with you before you sign.

Since August 17, 2024, offers of compensation to buyer agents can no longer be published in the MLS. Agents working with buyers must have a written agreement with them before touring homes, and those agreements must say commissions aren't set by law and are fully negotiable.

Sellers can still offer to pay a buyer agent off the MLS, and can still offer buyer concessions such as help with closing costs. You decide what, if anything, to offer, and I'll explain the trade-offs.

Yes, if you can. Buyers talk more openly and stay longer when the owner isn't there, and you want them picturing their own furniture in the living room. Take pets with you or crate them, lock away valuables and prescription medications, and keep a few habits ready: lights on, blinds open, counters cleared.

I'll set showing windows that work with your schedule and send you buyer feedback after each showing.

The highest price isn't always the best offer. I look at:

• the net amount after any concessions you're asked to pay
• how the buyer is paying, and whether a lender has pre-approved them
• the earnest money amount
• the length of the due diligence period and the termination fee
• whether the deal depends on the appraisal or on the buyer selling another home
• the closing date and any request to stay after closing

When there are several offers, I'll put them side by side with your estimated net for each one.

Earnest money is the buyer's good-faith deposit, credited to them at closing. Under the SC REALTORS® standard contract, it's held in escrow and not released until it's confirmed as good funds.

If there's a dispute, the escrow agent generally can't release it without written authorization signed by both parties or a court order, even if one side believes the other defaulted. If the buyer misses the deadline to deliver it, the seller can terminate.

The due diligence period starts when the contract becomes effective and ends at 6 p.m. on a date you and the buyer agree on. During that time the buyer inspects the home and decides whether to continue.

To back out during that window, the buyer must deliver a notice of termination and the agreed termination fee to you, in good funds, before the period ends. The fee is negotiated in each contract; there's no set default. If the buyer doesn't terminate or renegotiate in time, they buy the property as-is under the contract.

Under the standard contract, a buyer's repair request doesn't extend the due diligence period. You can say yes, no, offer a credit or counter. If nothing is agreed and the buyer doesn't terminate in time, the sale moves forward as-is.

My advice is to focus on safety, structural and major-system items and treat cosmetic requests as negotiable. A credit is often simpler than a repair, but lenders sometimes limit credits, so I check with the buyer's agent first.

The CL-100 is South Carolina's official wood infestation report. In the Upstate, the buyer typically orders and pays for it. The report must be dated within 30 days before closing.

If it finds wood-destroying insects or damage, the standard contract language says the seller "shall remedy such deficiencies." If the seller won't, the buyer can accept the property as-is, negotiate or terminate.

The standard contract asks you to keep the property in operable condition, normal wear and tear expected, from the effective date through closing. That includes the landscaping and any repairs you agreed to. You also keep the utilities on through closing so the buyer can inspect, and the buyer gets a final walkthrough within 48 hours before closing.

If the home is damaged before closing, either side may terminate within 5 calendar days after notice; otherwise you repair it, give a credit or assign the insurance proceeds.

The standard contract expects you to hand over a vacant, reasonably clean home, plus keys, codes and remotes, at closing. If you need a few extra days, SC REALTORS® has a separate form, Seller's Agreement to Occupy After Closing (SCR375).

Under it you pay the buyer an occupancy fee in advance, keep the utilities in your name and carry liability and contents insurance. The form says it's intended for 7 days or less and recommends a lawyer for anything longer, and the buyer has to agree to it.

It depends on when and why. During due diligence, a buyer can terminate by delivering notice and the termination fee, which goes to you. After that, the buyer can usually still exit through an agreed contingency, such as financing being denied or a low appraisal the parties can't resolve.

If a buyer simply walks away without a contractual right to, the standard contract lets the seller declare a default, terminate and pursue remedies, including attorney fees if the buyer is found in breach. The contract asks both sides to try mediation first.

Yes. The South Carolina Supreme Court has held that key parts of a real estate closing, including the title search, preparing the deed and loan documents, the closing itself and recording, are the practice of law and must be supervised by a licensed attorney. The leading cases are State v. Buyers Service Co. (1987) and Doe v. McMaster (2003).

The buyer usually chooses the closing attorney, and you can hire your own.

South Carolina charges a deed recording fee of $1.85 for each $500 of value, or fraction of $500: $1.30 is the state's share and $0.55 is the county's. On a $300,000 sale, that's 600 × $1.85 = $1,110.

State law makes the fee the liability of the grantor, which is the seller, and the SC REALTORS® standard contract says "Seller agrees to pay all statutory deed recording fees." Some deeds are exempt, such as certain transfers to family trusts or partnerships.

Under the standard contract, the seller usually pays for:

• preparing the deed
• the deed recording fee
• whatever it takes to deliver clear title, including paying off the mortgage and any liens
• the seller's share of property taxes, prorated to the closing date
• any broker compensation the seller has agreed to pay
• the seller's own attorney fees

HOA transfer fees go to whichever party the contract checks, and to the seller if neither box is checked. Any buyer costs you agree to pay are capped at the amount written in the contract.

Start with the sale price. Subtract your mortgage payoff (request an official payoff, because it includes interest through the payoff date), any HELOC or liens, the deed recording fee, deed preparation, your prorated property taxes and HOA dues, agreed broker compensation, any repair credits or buyer concessions, and your attorney fees. What's left is roughly your check.

I'll prepare a written estimate before you accept an offer, and you can try the numbers yourself in my Seller Net Calculator.

Maybe not. The IRS lets you exclude up to $250,000 of gain from selling your main home, or $500,000 if you're married filing jointly. You generally must have owned the home and lived in it as your main home for at least 2 of the 5 years before the sale, and not have used the exclusion on another home in the previous 2 years.

A partial exclusion may apply if you're moving for work, health or certain unforeseeable events. Improvements, but not routine repairs, add to your basis, and a loss on a main home isn't deductible. Check your situation with a tax professional.

Possibly. Under SC Code Section 12-8-580, a buyer purchasing SC real property from a nonresident must withhold. For individuals, the rate is the state's top individual income tax rate; for corporations, it's 5%. It applies to the gain if you provide an affidavit stating the gain, or to the full amount realized if you don't.

Gain excluded under the federal home sale exclusion isn't subject to withholding. The buyer, usually through the closing attorney, reports it on Form I-290, and you claim credit on your SC return.

Greenville County uses January 1 as the date of record for tax bills, so a bill issued after you sell can still carry your name. The standard contract prorates property taxes and HOA dues for the year of closing, and the closing attorney settles this using the best figures available; if those figures later turn out to be off, the parties adjust between themselves.

A few things. Sales by a personal representative or trustee administering an estate or trust are exempt from SC's disclosure statement requirement, although known defects should still be disclosed honestly.

For taxes, inherited property generally takes a basis equal to its fair market value on the date of death, which often means little or no taxable gain if you sell soon after. Before we list, a probate attorney should confirm who has legal authority to sign the deed.

Yes. SC's Residential Landlord and Tenant Act treats the tenancy as continuing with the new owner. Once the tenant gets written notice of the sale, you're relieved of liability for events after that notice. You remain liable for the security deposit unless it's transferred to the buyer and the tenant is told in writing.

The standard contract prorates rents and deposits at closing. Talk to your tenant early about showings, and check the lease for notice and access terms.

Yes, and it's common. Your options include:

• Sell first. You know your budget and can make a clean offer on the next home, but you may need temporary housing or a short stay after closing.
• Buy first. This works if you can qualify for both payments or use bridge financing.
• Make your purchase contingent on your sale. Easier on you, but it weakens your offer.

I'll coordinate both closing dates so you can move once if possible.

The residential disclosure act covers one-to-four-unit homes, so vacant land is outside it. Land buyers still focus on zoning, survey and boundaries, road access, utilities and perc or septic suitability, so having a recent survey and any soil reports ready saves time.

The deed recording fee applies to land the same way it applies to a house.