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SC · Flood-disclosure law

Does a South Carolina seller have to disclose flooding?

South Carolina's Residential Property Condition Disclosure Act (Title 27, Ch. 50) requires an owner of residential real property to give the buyer a completed Residential Property Condition Disclosure Statement before forming a sale contract. The statutory form is set by the SC Real Estate Commission, which in 2023 expanded the form to require disclosure of flood/water-related conditions: flood hazards, wetlands, flood-zone/flood-hazard designations, flood insurance, prior flood damage during ownership, and prior flood-related insurance claims.

South Carolina at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired
Opt-outYes — caution
Primary-source verified· verified June 16, 2026
S.C. Code Ann. §§ 27-50-40, 27-50-65, 27-50-110

The 4-card answer

South Carolina flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

South Carolina's Residential Property Condition Disclosure Act (Title 27, Ch. 50) requires an owner of residential real property to give the buyer a completed Residential Property Condition Disclosure Statement before forming a sale contract. The statutory form is set by the SC Real Estate Commission, which in 2023 expanded the form to require disclosure of flood/water-related conditions: flood hazards, wetlands, flood-zone/flood-hazard designations, flood insurance, prior flood damage during ownership, and prior flood-related insurance claims.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

S.C. Code Ann. §§ 27-50-40, 27-50-65, 27-50-110Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale, exchange, installment land sale, or lease-with-option of residential real property
  • Owner's actual knowledge of the condition (owner may answer 'no representation' for unknown items)

Penalties & remedies

Under § 27-50-65 an owner who knowingly violates or fails to perform a duty under the article is liable for actual damages proximately caused to the purchaser plus court costs, and the court may award reasonable attorney fees to the prevailing party.

Buyer remedy: Buyer may recover actual damages and court costs (and possibly attorney fees) under § 27-50-65; statute also provides delivery/withdrawal rules under § 27-50-50. No automatic statutory rescission window beyond contract terms.

Opt-out gotchas

An opt-out / waiver exists. § 27-50-110 allows parties to agree to sell the property 'as is'; an owner may also mark items 'no representation.' These do not eliminate the duty to deliver the form.

Research note ▾

Statute and remedy provisions fetched from SC statehouse code. The specific flood questions were added administratively by the SC Real Estate Commission to the prescribed form effective 2023; that flood-specific content is corroborated by secondary sources (SELC/Coastal Conservation League), not by direct fetch of the current form. § 27-50-40 lists property-condition categories; flood specifics live on the Commission form. disclosure_level set 'specific-flood' on the basis of the 2023 form expansion (flood content), with that element corroborated by secondary sources.

Buyer's rights

If you're buying in South Carolina

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What South Carolina law gives you as a buyer

South Carolina requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Buyer may recover actual damages and court costs (and possibly attorney fees) under § 27-50-65; statute also provides delivery/withdrawal rules under § 27-50-50. No automatic statutory rescission window beyond contract terms.

Watch the opt-out: § 27-50-110 allows parties to agree to sell the property 'as is'; an owner may also mark items 'no representation.' These do not eliminate the duty to deliver the form.

S.C. Code Ann. §§ 27-50-40, 27-50-65, 27-50-110

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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South Carolina

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

South Carolina's Residential Property Condition Disclosure Act (Title 27, Ch. 50) requires an owner of residential real property to give the buyer a completed Residential Property Condition Disclosure Statement before forming a sale contract. The statutory form is set by the SC Real Estate Commission, which in 2023 expanded the form to require disclosure of flood/water-related conditions: flood hazards, wetlands, flood-zone/flood-hazard designations, flood insurance, prior flood damage during ownership, and prior flood-related insurance claims.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

S.C. Code Ann. §§ 27-50-40, 27-50-65, 27-50-110Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale, exchange, installment land sale, or lease-with-option of residential real property
  • Owner's actual knowledge of the condition (owner may answer 'no representation' for unknown items)

Penalties & remedies

Under § 27-50-65 an owner who knowingly violates or fails to perform a duty under the article is liable for actual damages proximately caused to the purchaser plus court costs, and the court may award reasonable attorney fees to the prevailing party.

Buyer remedy: Buyer may recover actual damages and court costs (and possibly attorney fees) under § 27-50-65; statute also provides delivery/withdrawal rules under § 27-50-50. No automatic statutory rescission window beyond contract terms.

Opt-out gotchas

An opt-out / waiver exists. § 27-50-110 allows parties to agree to sell the property 'as is'; an owner may also mark items 'no representation.' These do not eliminate the duty to deliver the form.

Research note ▾

Statute and remedy provisions fetched from SC statehouse code. The specific flood questions were added administratively by the SC Real Estate Commission to the prescribed form effective 2023; that flood-specific content is corroborated by secondary sources (SELC/Coastal Conservation League), not by direct fetch of the current form. § 27-50-40 lists property-condition categories; flood specifics live on the Commission form. disclosure_level set 'specific-flood' on the basis of the 2023 form expansion (flood content), with that element corroborated by secondary sources.

Summary of South Carolina law as of June 2026. Not legal advice.

Full South Carolina page
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