South Carolina Code of Regulations Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION
The South Carolina Code of Regulations (SCCR) Chapter 105 is dedicated to the Department of Labor, Licensing and Regulation (LLR) - South Carolina Real Estate Commission. This chapter contains the comprehensive regulations governing real estate professionals and activities in the state, ensuring consumer protection and maintaining high standards in the real estate industry.
The South Carolina Real Estate Commission (SCREC) is responsible for licensing and regulating real estate brokers, salespersons, and property managers. It also administers the registration of timeshare projects and out-of-state subdivided land sales marketed in South Carolina.
Here's a breakdown of the key sections and topics you'd find in SCCR Chapter 105:
§ 105-1 - Definitions: Provides clear definitions of terms used throughout the regulations, such as "broker," "salesperson," "property manager," "broker-in-charge," "vacation time sharing plan," "commission," etc.
§ 105-2 - Vacation Time Sharing Ownership Plans Defined: Specifically defines vacation time-sharing ownership plans, which are subject to particular regulations.
§ 105-3 - Sale of Vacation Time Sharing Plan Receivables: Outlines regulations concerning the sale of receivables related to vacation time-sharing plans.
§ 105-4 to § 105-12 - Education Providers, Course Approval, and Fees: These sections are critical for both aspiring licensees and current professionals, as they govern the education process:
§ 105-4 - Providers of Courses: Sets requirements for entities (schools) that offer real estate pre-licensing and continuing education courses.
§ 105-5 - Application for Approval: Details the process for education providers to apply for and maintain approval from the Commission.
§ 105-6 - Course Curriculum, Approval, Attendance, and Verification:
Specifies curriculum requirements for pre-licensing courses (e.g., a 60-hour Real Estate Principles course (Unit I) and a 30-hour Advanced Real Estate Sales Principles course (Unit II) for salespersons, and additional hours for brokers).
Outlines requirements for quizzes and examinations, including a minimum passing score (e.g., 70% for pre-licensing final exams).
Sets strict attendance rules and limits on daily class hours.
Defines standards for continuing education (CE) courses, emphasizing subjects that increase knowledge, skill, and competence.
Requires providers to submit learning objectives and detailed lesson plans.
Mandates verification of course completion.
§ 105-7 - Enrollment Agreement, Policies, and Procedures: Rules regarding agreements between students and course providers.
§ 105-8 - Other Operating Procedures: General operational guidelines for education providers.
§ 105-9 - Auditing and Record Keeping: Requirements for providers to maintain accurate records and be subject to audits by the Commission.
§ 105-10 - Instructors: Sets qualifications and requirements for real estate instructors.
§ 105-11 - Renewals: Covers the renewal process for provider and instructor approvals.
§ 105-12 - Provider, Course, and Instructor Fees: Lists the various fees associated with course and instructor approvals.
§ 105-13 - Fees: This section likely covers the various fees for initial licensure, license renewals, and other services provided by the Real Estate Commission for licensees themselves (e.g., application fees, examination fees).
§ 105-14 - Residential Property Condition Disclosure Statement Form: Specifies the mandatory form that sellers of residential property must use to disclose the condition of their property to prospective buyers, as required by the Residential Property Condition Disclosure Act.
Key Aspects of Real Estate Licensing and Regulation in South Carolina (as per LLR guidance and these regulations):
Licensing Requirements (Salesperson):
Be at least 18 years old.
Have a high school diploma or GED.
Complete 90 hours of approved real estate education (60-hour Unit I and 30-hour Unit II).
Submit to criminal background checks (fingerprint-based state and national, and social security number-based).
Pass the South Carolina salesperson licensing exam.
Secure employment with a sponsoring broker (Broker-in-Charge) to activate the license.
Licensing Requirements (Broker):
Generally requires being at least 21 years old.
Having 5 years of active experience as a licensed South Carolina salesperson within the last 7 years.
Completing additional Commission-approved broker courses (e.g., Broker IIIA and IIIB, 60 hours total).
Passing the broker licensing exam.
Continuing Education (CE) Requirements (for active licensees):
10 hours of continuing education every two years to renew their license.
4 hours must be a mandatory "core course" (e.g., "Legal Hot Tips") covering state and federal laws affecting licensees.
The remaining 6 hours may be elective courses.
Broker-in-Charge (BIC) licensees have additional mandatory requirements: 4 hours for the "BIC Duties and Responsibilities" course, plus the 4-hour core course, and 2 hours of electives (total 10 hours).
CE is not required for inactive licensees until they reactivate their license.
South Carolina uses CE Broker as its official CE tracking system.
Reciprocity: South Carolina has reciprocity agreements with some states (notably Georgia) where agents licensed in those states may have expedited licensing processes, but usually still need to pass the South Carolina portion of the exam and/or complete specific SC courses.
Purpose of the Real Estate Commission and these Regulations:
The SCREC, through Chapter 105, aims to:
Protect the Public: By ensuring that real estate professionals meet minimum qualifications, adhere to ethical standards, and are held accountable for their actions.
Maintain Professional Standards: By setting education, examination, and continuing education requirements.
Regulate the Industry: By providing clear rules for licensing, renewals, and handling complex transactions like timeshares.
Provide Consumer Information: Through regulations on property condition disclosures and transparency in transactions.
Accessing the Regulations:
For the most current and official version of the South Carolina Code of Regulations, Chapter 105, it is always best to refer to:
The South Carolina Legislature's website (specifically the coderegs section).
The South Carolina Department of Labor, Licensing and Regulation (LLR) - South Carolina Real Estate Commission website (llr.sc.gov/re/).
South Carolina Real Estate Commission Contact Information:
The website is a comprehensive resource for applicants, licensees, and consumers, providing access to laws, regulations, forms, FAQs, and contact information for the Commission.
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