Last Updated: by Devon Woods
South Carolina Real Estate Agency Relationships
This page provides a plain-language overview of brokerage relationships in South Carolina. It is not a substitute for the state disclosure form, a written agency agreement, or legal advice.
The Brokerage Firm Is the Legal Relationship
Associated real estate licensees work through a broker-in-charge. When a consumer establishes an agency relationship, the legal business relationship is with the brokerage firm and its associated licensees—not with the individual licensee acting independently.
Customer Status
Until a written agency agreement establishes client status, a buyer or seller generally remains a customer of the brokerage firm. Customer-level duties include honesty, fair dealing, timely presentation of offers, accounting for money or property, explanation of services, limited confidentiality, and disclosure of known material adverse facts. A customer should not expect the brokerage firm to advocate for the customer’s best interests.
Client Status
A seller becomes a client by signing a written listing agreement with the brokerage firm. A buyer becomes a client by signing a written buyer agency agreement. Client-level duties include obedience, loyalty, disclosure, confidentiality, accounting, reasonable skill and care, advice, counsel, and assistance in negotiations, subject to the agreement and applicable law.
Single, Dual, and Designated Agency
Single agency exists when the brokerage firm represents only one client in the transaction. Dual agency may exist when the same brokerage firm represents both buyer and seller with informed written consent and limited advocacy because of the conflict. In designated agency, the broker-in-charge may designate separate associated licensees to represent each client while the broker-in-charge remains a disclosed dual agent.
Buyer Agency and Compensation
A written buyer agency agreement should describe the geographic area, property type, duration, services, buyer duties, compensation, and any authorization to seek payment from a seller or listing brokerage. Brokerage fees are negotiable and are not set by law. Any amount paid by a seller or listing brokerage toward the agreed fee reduces the amount otherwise due from the buyer, subject to the written agreements. A brokerage may not receive more than the amount agreed to without the required knowledge and written consent.
Buyer-agent services should not be described as free unless the buyer owes nothing under the written agreement and the brokerage receives no compensation from any other source related to the purchase.
Discuss the Relationship Before Proceeding
The licensee should provide and meaningfully explain the South Carolina Disclosure of Real Estate Brokerage Relationships at the first practical opportunity when substantive contact occurs. Read all forms before signing and ask questions about services, duties, compensation, duration, termination, dual or designated agency, and any provision you do not understand.
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