South Carolina is a hybrid/"minimal-impact" case, not a clean example of either the Texas/California pattern (new statute enacted specifically because of the NAR settlement) or the pure New York pattern (zero state law, reliance entirely on MLS/NAR rules) — but it leans much closer to New York's model in substance. South Carolina did NOT pass any statute in response to, or referencing, the August 2024 NAR settlement. What it has is a long-standing, pre-existing state law (S.C. Code §40-57-135 and §40-57-350, part of the state's "Real Estate Practice Act," with roots going back to 1997 and a major rewrite effective 2017) that already required written buyer representation/agency agreements containing material terms (services, compensation method, duration, property description/price range, exclusivity type) well before the settlement existed. In June 2024, LLR/the SC Real Estate Commission summarized comprehensive updates to that pre-existing law made by 2024 Act No. 204 (H.4754, signed May 21, 2024) — but this was a routine, broad licensing-law modernization (covering advertising, wholesaling, continuing education, disciplinary process, AI disclosure, etc.), not a bill enacted to implement or codify the NAR settlement. South Carolina REALTORS' own official FAQ states plainly that 'due to decades of proactive, consumer-friendly efforts by SC REALTORS, very little will change for South Carolina homebuyers, sellers, and REALTORS' because the state's laws already required written agency/compensation agreements. Practically, SC buyers/agents comply with the national NAR settlement rule (signed agreement required before touring homes, effective August 17, 2024, MLS compensation-offer prohibition) via the SAME pre-existing state-mandated forms (e.g., SCR buyer agency agreement, SCR120 compensation agreement) that predate the settlement — there is no separate SC statute that was enacted 'because of' or 'in response to' the settlement, unlike Texas's SB 1968 (effective Jan 1, 2026) or California's AB 2992, which were newly drafted post-settlement bills.
S.C. Code of Laws Title 40, Chapter 57 (Real Estate Practice Act), primarily Section 40-57-135(I) (buyer's representation/listing agreement content requirements) and Section 40-57-350 (agency duties), as most recently amended by 2024 Act No. 204 (H.4754) — effective South Carolina's own written-agreement requirement is not new/settlement-driven — it predates the NAR settlement by decades: original buyer-agency framework traces to 1997 Act No. 24, developed by 2000 Act No. 285 and 2004 Act No. 218, substantially rewritten effective January 1, 2017 (2016 Act No. 170), and most recently modernized by 2024 Act No. 204 (H.4754), signed May 21, 2024 (ratified May 15, 2024), with a few subsections effective later (e.g., §40-57-135(E)(2) effective May 15, 2025; team-advertising provisions effective May 15, 2027). Separately, the national NAR settlement practice changes (written agreement before touring a home; MLS compensation-offer ban) took effect August 17, 2024, and applied on top of this existing SC framework.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.