South Carolina Lease Provisions Relating to Brokers

State:
Multi-State
Control #:
US-OL29A07
Format:
Word; 
PDF
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Description

This office lease provision states that the landlord and tenant each warrant and represent to the other party that there was no broker, finder or similar person, other than those listed, entitled to a commission, fee or other compensation, instrumental in consummating the lease. It also states that no conversations or prior negotiations were had by the landlord or tenant, respectively, or anyone acting on behalf of the landlord or the tenant, respectively, with any broker, finder or similar person, other than those listed, concerning the renting of the demised premises.

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FAQ

South Carolina Code §40-57-137(M)(1) states that a licensee may act as a disclosed dual agent only with the prior informed and written consent of all parties. The two key terms in the statute are ?informed? and ?written? consent.

Joint Tenants with Rights of Survivorship: Created by SC Code §27-7-40. Upon the death of one owner, the death certificate is filed at the courthouse and that owner's interest automatically passes to the surviving owner(s).

SC Code of Laws §40-57-135(K)(6) states, ?For all types of real estate transactions, including leases and sales, an unlicensed employee of the owner or an unlicensed individual working under the supervision of a broker-in-charge or a property manager-in-charge may not:.. (6) show real property for sale...?

SECTION 40-57-135. Duties of broker-in-charge and property manager-in-charge; associated licensees; office locations; policies and recordkeeping; management agreements; unlicensed employees. (8) notify the commission by mail within ten days of any change of office name, address, email address, or telephone number.

SECTION 27-35-130. Notice required for tenants at will and domestic servants. All tenants at will and domestic servants shall vacate the premises occupied upon twenty days' written notice.

2022 South Carolina Code of Laws. Title 40 - Professions and Occupations. Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers.

A law degree or baccalaureate degree with a major in real estate will qualify an applicant for the property management examination. Upon passing the property management examination, applicants must apply for a property manager or property manager-in-charge license within one year.

SECTION 40-57-20. Valid licensure requirement for real estate brokers, salesmen and property managers. It is unlawful for an individual to act as a real estate broker, real estate salesman, or real estate property manager or to advertise as such without a valid license issued by the department.

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South Carolina Lease Provisions Relating to Brokers