What Things Should You Disclose When Selling a Home in Greenville, SC?

So you’re thinking of selling your house in Greenville, SC. Congrats. It’s a big move. But before you list that property, there's something super important to get right: disclosures. In plain English, disclosures are what you must tell potential buyers about your home’s condition, so everyone’s on the same page. Screw this up, and you might face disputes, delays, or even legal headaches down the road.

In South Carolina (including here in Greenville), there’s a law called the Residential Property Condition Disclosure Act that governs what you need to reveal. Let’s dive into what that means for you, how to do it well, and what to watch out for.

Why Disclosures Matter

• Protect yourself — If you knowingly hide a serious defect and buyers discover it later, they may have legal recourse.

• Build trust — Being upfront fosters confidence, which buyers appreciate.

• Comply with the law — Under South Carolina law, sellers generally must provide a written disclosure before the contract is signed. 

• Avoid re-negotiation or contract kills — Surprises discovered during inspection are common deal-breakers.

What the Law in SC Says You Must Disclose

Let’s break this down in layman's terms. You’re not required to go out and hire experts or tear your walls open. You only need to disclose what you know (your “actual knowledge”) about the property.

Here’s a rundown of the kinds of things you should be ready to disclose:

1. Structural & Major Systems

• Foundation, walls, roof, chimneys, load-bearing elements

• Floors, framing, beams

• Plumbing, wiring, HVAC/heating/cooling systems

• Past or present leaks, water damage, drainage problems

2. Pest / Rot / Fungal Damage

• Termites or other wood-destroying organisms

• Dry rot, fungal infestation

• Issues you’ve repaired or that persist 

3. Environmental / Hazardous Materials

• Lead-based paint (for older homes)

• Asbestos, mold, radon, chemical contamination

• Underground storage tanks, known contamination nearby

4. Zoning, Code Violations, Legal / Land Use Issues

• Any violations of building codes, or unpermitted additions

• Encroachments, boundary disputes

• Zoning restrictions, easements or restrictions affecting the property

5. Utilities, Water, Sewage, Drainage

• How water is supplied (public, well) and sewage system (public sewer, septic)

• Any known problems (e.g. septic backups, failing drain field)

• Flooding history, drainage issues on or adjacent to the lot

6. Rental / Leases / Tenants

• If the property is leased or has rental units

• Any outstanding bills owed by tenants (utility, trash, etc.)

7. Miscellaneous / Addenda

• Any HOA / property owners association (POA) involvement (though SC doesn’t always require full HOA disclosures by state law)

• Meter conservation charges (if applicable)

• Past claims or insurance history that relate to structural or material issues

One key thing: you don’t have to disclose psychological stigmas like a death in the house or rumored hauntings or viruses, as long as they don’t affect the property’s condition. By affecting the property's condition, it means, ie, a death resulted in physical residue like biohazards, which would fall under the duty to disclose physical defects.

What You Don’t Need to Do (And Common Misconceptions)

• You’re not required to perform a brand new inspection just to fill out the form. The law does not impose an affirmative duty to inspect solely for disclosures. 

• You don’t have to disclose what you don’t know. If you genuinely have no knowledge of a certain defect or condition, you can check “No Representation” or similar on that item (though be cautious — if there is some knowledge, misleading non-disclosure can cause problems).

• You’re not required to anticipate or disclose every speculative issue or remote problem unless you actually know about it.

Tips for Doing Your Disclosure Right

1. Be honest and thorough. It’s better to over-disclose than under-disclose.

2. Document everything. Keep repair receipts, inspection reports, permit documents. They can protect you later.

3. Consult legal counsel (or a specialist) for gray areas. If you’re unsure about a condition, getting an opinion can be worth it.

4. Use the official SC disclosure form. The Residential Property Condition Disclosure Statement (RPCDS) is the standard. 

5. Disclose known recurring problems, not just “fixed” ones. If something tends to come back, buyers should know.

6. Don’t rely on agents to “fill in” your form. By law, agents are prohibited from advising you on how to complete the disclosure. 

7. Review the disclosure with your realtor and closing attorney. They can catch things you might miss.

8. Provide the disclosure early. Before the contract is signed is the rule in SC.

Frequently Asked Questions (FAQs)

Q: What happens if I forget to disclose something later discovered?
A: Buyers could claim misrepresentation or deceit. You may face financial liability for repair costs or a reduction in value.

Q: Can a buyer back out if a disclosure is incomplete?
A: Potentially, yes — especially if the defect is material (i.e. would affect value or safety) and was concealed.

Q: How long am I liable after the sale?
A: There isn’t a strict universal “statute of repose” stated in the disclosure act, but buyers often bring claims within a few years for fraud or misrepresentation. Some sources mention three years. 

Q: Do I need to disclose issues I’ve already repaired?
A: Yes — especially if the issue was significant or likely to recur. Just listing “fixed” may not be enough; context matters.

Q: Does every transaction in SC require this disclosure?
A: No. There are exceptions. For example, in some sales between co-owners or divorcing spouses, or if both sides explicitly agree in writing not to complete the disclosure.

Q: What about HOA documents or fees?
A: SC law doesn’t automatically require full HOA disclosure, but many contracts demand them. It’s smart to have them ready.

Tips for Greenville-Area Sellers

• Watch water / drainage issues. Greenville lies in a part of Upstate SC that can get heavy rains. If you’ve had basement/low-area flooding or gutter/grade problems, disclose them.

• Don’t forget slope/erosion. Hillside lots or properties near green spaces might experience erosion, shifting, or run-on water from adjacent properties.

• Be ready for inspections. Even with good disclosures, buyers will likely order professional inspections (roof, HVAC, termite, etc.). If your disclosure highlights something, expect more scrutiny there.

• Know your market. Buyers in Greenville often compare older vs newer homes, so your transparency can give you an edge.

• Partner with trusted local experts. A closing attorney in Greenville (such as those who handle residential closings) can help ensure your disclosures and contract are sound.

Putting together a solid, honest disclosure is one of the most important things you can do as a home seller in Greenville. It protects you, protects buyers, and helps your listing move more smoothly (and with fewer surprises). Remember: you’re only required to disclose what you know, but don’t hide stuff you do know. Document it, be transparent, and lean on professionals.

If you’d like help making sure your disclosures are complete, prepping your property for sale, or handling negotiations, the Livian Estates Team would love to help. Give us a shout and we’ll walk you through every step — so you can sell with confidence.