Last Updated: by Devon Woods
South Carolina Agency Relationships
Know whether you are a customer or a client—and what that changes.
This is a plain-language overview of South Carolina brokerage relationships. It is not a substitute for the state disclosure form, a written agency agreement, or legal advice.
The Legal Relationship
The agency relationship is with the brokerage firm.
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 an individual licensee acting independently.
Customer vs. Client
A written agreement changes the duties owed.
Customer status
Until a written agency agreement establishes client status, a buyer or seller generally remains a customer of the brokerage firm.
- Honesty and fair dealing
- Timely presentation of offers
- Accounting for money or property
- Explanation of services
- Limited confidentiality
- 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 through a written listing agreement. A buyer becomes a client through a written buyer agency agreement with the brokerage firm.
- Obedience and loyalty
- Disclosure and confidentiality
- Accounting
- Reasonable skill and care
- Advice and counsel
- Assistance in negotiations
These duties remain subject to the written agreement and applicable law.
Types of Agency
Single, dual, and designated agency are not interchangeable.
Single agency
The brokerage firm represents only one client in the transaction.
Dual agency
The same brokerage firm represents both buyer and seller with informed written consent. Advocacy is limited because the brokerage has duties to both sides.
Designated agency
The broker-in-charge may designate separate associated licensees for each client while the broker-in-charge remains a disclosed dual agent.
Buyer Agency Agreement
Services and compensation should be documented before representation proceeds.
A written buyer agency agreement should address 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.
- Seller or listing-brokerage contributions may reduce the amount otherwise due from the buyer, subject to the written agreements.
- The brokerage may not receive more than the agreed amount without the required knowledge and written consent.
Buyer-agent services should not be described as “free.”
Compensation may be received from one or more sources. The buyer should understand the agreed fee, possible outside contributions, and any amount the buyer may remain responsible for under the written agreement.
Before You Sign
Read the forms and ask direct questions.
The South Carolina Disclosure of Real Estate Brokerage Relationships should be provided and meaningfully explained at the first practical opportunity when substantive contact occurs.
Services and duties
What will the brokerage do, what will it not do, and what obligations does the consumer accept?
Duration and termination
When does the agreement begin and end, and what happens when either party wants to terminate it?
Compensation and conflicts
How is compensation calculated, what outside payment may be sought, and how would dual or designated agency affect advocacy?
Discuss the Relationship
Understand the agreement before representation begins.
For a conversation about working with XSell Upstate through Devon Woods, call or text (864) 564-5366.