South Carolina Affidavit of Property Value

State:
South Carolina
Control #:
SC-41DEED
Format:
Word; 
Rich Text
Instant download

What is this form?

The Affidavit of Property Value is a sworn statement used to document the value of a property transferred between parties. It serves as a vital record for real estate transactions and is often required by local governments for tax purposes. Unlike other forms, this affidavit specifically focuses on asserting the property's market value, which may differ based on whether the transaction was an arms-length sale or not.

Key parts of this document

  • Property location and county tax map number.
  • Details of the transaction including names of the parties involved and transaction date.
  • Assessment of whether the transaction is arms-length or not, including sale price or fair market value.
  • Exemption status from recording fees based on legal criteria.
  • Affiant’s declaration of their connection to the transaction.
  • Legal consequences for willfully providing false information.
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Situations where this form applies

This form is necessary when a property is sold, transferred, or exchanged and documentation of its value is required. Use the Affidavit of Property Value to provide clarity and transparency to tax authorities or during legal proceedings involving real property transactions. It is commonly needed in situations such as home sales, property inheritance, or when transferring ownership due to divorce or other legal settlements.

Who this form is for

This form is intended for:

  • Homeowners selling or transferring property.
  • Real estate agents or brokers facilitating a sale.
  • Legal representatives managing estates or property transactions.
  • Individuals involved in legal disputes regarding property value.

How to complete this form

  • Identify the property by filling in the location and county tax map number.
  • Include the names of the parties involved in the transaction and the date.
  • Check the appropriate box to indicate if the transaction is arms-length and enter the sale price or state the fair market value.
  • State whether the transaction is exempt from recording fees and briefly explain the exemption.
  • Provide details about your connection to the transaction as the signer of the affidavit.
  • Sign the document in front of a notary public, ensuring all required signatures are obtained.

Does this form need to be notarized?

Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

  • Failing to have the affidavit notarized before submission.
  • Not providing accurate transaction details or property descriptions.
  • Confusing arms-length transactions with non-arms-length transactions.
  • Omitting the explanation for exemption from recording fees.
  • Signatures not matching the names provided in the document.

Benefits of using this form online

  • Immediate access to a legally-compliant and expertly drafted form.
  • Easy customization to fit specific transaction details and legal requirements.
  • Secure download means you can complete the form at your convenience.
  • Clear instructions help ensure all necessary fields are completed correctly.

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FAQ

Melendez-Diaz v. Massachusetts; an affidavit is a witness for Sixth Amendment, so can be confronted at trial unless (1) unavailable to testify and (2) adverse party had a prior opportunity to cross examine the maker.

As nouns the difference between plaintiff and affiant is that plaintiff is (legal) a party bringing a suit in civil law against a defendant; accusers while affiant is (legal) the individual witness whose statement is contained in an affidavit or sworn deposition.

South Carolina Notary Stamps Yes! RequiredS.C. Code Ann. § 26-1-60 requires notaries to have a seal of office for affixation onto all notarial acts. This seal of office can be either a stamp or seal embosser.

An affiant is someone who files an affidavit, which is a written statement used as evidence in court. In order to be admissible, affidavits must be notarized by a notary public.

The person making the signed statement (affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so.

An affiant is someone who voluntary offers and signs a statement of known facts, under oath, and agrees to have it written down. This written statement becomes known as an affidavit. An affidavit is a written document that covers evidence and facts, known by the affiant, that will be presented in a case.

The application must be signed with pen and ink and the signature of the applicant must be acknowledged by a person authorized to administer oaths (§26-1-40). The date of your signature and the date of the notarization must match. You cannot notarize your own signature on the application or at any other time.

Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, it will be valid. That means that you do not have to use a lawyer to create an affidavit.

(1) The Registrar-General, a Deputy Registrar-General or any justice of the peace, notary public, commissioner of the court for taking affidavits, Australian legal practitioner authorised by section 27 (1) to take and receive any affidavit, a federal judicial officer, or other person by law authorised to administer an

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South Carolina Affidavit of Property Value