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Major changes are coming to South Carolina real estate contracts. Here’s what’s changing and why it matters.
On June 26th, the South Carolina Association of REALTORS will implement significant updates to their standard contract forms and agreements. These changes represent the first major revision in years and reflect two key objectives: plain-language translation and risk mitigation.
If you’re an agent in South Carolina, this affects you. Understanding these changes before you start using the new forms is critical to staying compliant and avoiding complications in your transactions.
Let’s break down what’s changing and why.
Why These Changes Matter
The SCR Legal and Forms Committees identified two main problems with the existing contracts:
Problem 1: Archaic Legal Jargon
Real estate contracts have traditionally been filled with confusing, outdated legal language that creates unnecessary confusion for buyers and sellers. The new forms simplify this language while maintaining legal accuracy and protection.
Problem 2: Legacy Template Issues
Over years of revisions, contracts accumulated “copy-paste” errors and inconsistencies that created gaps in protection for brokerages. The update clears these issues and standardizes formatting across all forms.
The result: contracts that are clearer for consumers, more consistent in application, and better protected against liability issues.
The Major Changes at a Glance
Not all changes are created equal. Some forms have minor updates (typo corrections and formatting), while others have significant restructuring that will affect how you complete them.
Most Significant Changes:
Forms 300, 310, 330 (Buy and Sell Agreements)
These heavily-used forms have been updated with clearer notice delivery requirements, restructured broker information placement, and a new Form 900 for out-of-state and foreign sellers.
Form 370 (Buyer’s Occupancy Agreement)
Complete rewrite with reorganized timeline rules, upfront per-diem calculations, and new warnings about property alterations if the contract fails to close.
Form 375 (Seller’s Occupancy Agreement)
Reorganized to centralize property risk and insurance parameters with clearer consumer explanations.
Form 535 (Vacation Rental Act Addendum)
Now incorporates strict statutory language with bolded buyer initials requirement to acknowledge 90-day binding obligations.
Form 540 (Sale to Associated Licensee)
Simplified dense statutory language into plain English with explicit fee election options.
Forms 210, 220 (Listing Agreements)
Clarified that sellers must work and negotiate through their listing agent, with added language preventing direct contact with buyers or other agents.
Form 900 (NEW)
New addendum specifically designed for out-of-state and foreign sellers explaining tax withholding requirements.
Moderate Changes:
Forms 130, 135 (Buyer Agency Contracts) — Added governing law clauses
Form 233 (Flood and Property Insurance) — Updated links and rewording
Form 250, 255 (Releases) — Generalized rewriting for clarity
Form 390 (Addendum) — Added checkboxes to amend other agreement types
Form 391 (Additional Clauses) — Added governing law provision
Form 393 (Short Sale Addendum) — Updated processing definitions
Form 525 (Repair Addendum) — Tightened inspection timelines, separated repair categories
Form 555 (Home Warranty) — Removed outdated payment language, added broker liability waiver
Form 610 (Wire Fraud Warning) — Enhanced visual layout
Minor Changes:
Form 221, 503, 546, 620 — Typo corrections, standardization, reformatting
What You Need to Do After June 26th
1. Review the New Forms
Don’t wait until you’re in the middle of a transaction to encounter the changes. Download the new forms from SCR and familiarize yourself with them.
2. Understand the New Form 900
If you work with out-of-state or foreign sellers, you need to understand the new tax withholding addendum. This is a new requirement, not an optional form.
3. Pay Attention to Restructured Sections
Forms 300, 310, and 330 have moved broker information and restructured notice delivery. Know where information goes and how notices will be delivered.
4. Review Occupancy Agreement Changes
If you work with occupancy agreements, the timeline rules and per-diem calculations have been reorganized. Make sure you understand the new structure.
5. Update Your Templates and Checklists
If you have transaction checklists, document templates, or client communication templates that reference form sections, update them to reflect the new changes.
These changes are coming. They’re effective June 26th. And they matter.
The good news is that most of these changes make contracts clearer and protect you better. But that protection only works if you understand the new requirements and use the forms correctly.
Don’t get caught off guard. Review the changes now. Understand the new forms. Ask questions before you need them.
Quick Reference: Forms Impacted
Need more detailed information? Download our Complete SCR Forms Update Reference Guide for agents.
