We’ve Got You Covered

HHAR recently announced the transition from the association’s Purchase for Sale Agreement to the South Carolina Realtors® Agreement to Buy and Sell Real Estate (form 310). We understand that change can be challenging, but it is often essential as we work to provide the tools our members need to succeed. After extensive discussion with brokers, agents, attorneys and lenders, HHAR determined this transition is in the best interest of our members and their clients and customers.

Training Tailored for You

HHAR has developed a variety of training opportunities to meet the learning needs of our members based on level of experience and knowledge of contracts. We recommend that members sign up for a contract training session that best suits your needs. You can find our training schedule here.

Training Video Library

SCR has developed videos to help members better understand Form 310. Scroll to the bottom of this page to view videos.

Frequently Asked Questions

  • SCR forms are in conformity, reducing liability for brokers and agents and everyone involved in the real estate transaction
  • Eliminates legal liability associated with the combination of the HHAR contract with SCR forms
  • The pre-printed sections of the SCR form eliminates legal liability that arises when agents write clauses into section 6 or strike through terms in section 8 of the HHAR contract
  • Brokers and agents will have access to SCR’s Legal Hotline for full support
  • Ongoing training and education will be provided to help members understand the SCR form

It is not considered a violation of Realtor Code of Ethics or the state licensing act to use any contract form which is not supported by an agent’s local association.  However, agents and brokers should be aware that they are responsible for using any form other than the form adopted and supported by HHAR.  Using any other form could be considered the unauthorized practice of law, because the “association adopted form” has also been vetted by Board counsel.  

  • Brokers and agents are advised to loop in counsel before using any other contract form.
  • Brokers are advised to review their E&O insurance policies to determine whether claims will be covered when agents use a form other than the local association adopted form.
  • Even if Brokers are covered under their E&O policy when using a non-adopted form, and the form is approved by the Brokerage’s own counsel, listing agents should never, ever change the form of an offer which was submitted to listing agent before listing agent submits the offer to Seller.  It is fine for a listing agent to submit a counteroffer under a non-adopted form after submitting the initial offer to client, but listing agents are obligated to submit all offers to clients in an unrevised format.

We recommend that agents talk with their broker-in-charge to discuss their timeline for the transition. HHAR will sunset the Purchase for Sale Agreement on July 31, 2023. Brokers and agents can opt to transition to the SCR contract at any time between now and July 31, 2023.

A virtual training session will be recorded on May 17 and made available to all members. In-person training will take place June 5-June 9. The training schedule can be found here. If you cannot attend in-person training, you will have access to the video training.

No, doing so is a violation of license law and the code of ethics. All offers must be presented.

You can advise your Seller on each contract but ultimately it is the Seller’s call what offer they accept. Remember whatever you do has to be in their best interest and cannot simply be because you prefer one contract over another.

You can advise your Seller on the benefits of each contract but ultimately it is the Seller’s call what offer they choose to do. Remember whatever you do has to be in their best interest. Failure to act in their best interest can lead to ethics and license law issues.

  • March 1, 2023 – Training resources will be announced and members will be kept informed as new resource become available
  • March 1-July 31, 2023 – HHAR will update this resource page with the latest information, training videos, and training opportunities
  • September 15, 2023 – Sunset of the HHAR Purchase for Sale Agreement and full transition to the SCR Agreement to Buy and Sell Real Estate form 310. This date was amended from July 31 following SCR’s adoption of an amendment to Section 6 and Section 22 of form 310 which addresses the transaction costs, assessments, and special assessments that have impacted the coastal communities. Because of this change, the HHAR Board of Directors approved to delay the sunsetting of the HHAR contract until Friday, Sept. 15 to allow this amendment to be part of the transition to the state contract. SCR will soon provide virtual recorded training on these sections. Read the new amendment here.

Members may contact the SCR Legal Hotline at (803) 772-5506 with any question or clarification needed on the contract. You can learn more about the SCR Legal Hotline (a free member benefit) here.

The SCR Legal Hotline serves Realtors® with quality advice and information in real time. The Hotline gives SCR members direct access to a qualified attorney who can provide information and advice on real estate laws and related matters.  SCR Legal Hotline includes: 

Byron King, Senior. V.P. & General Counsel
Email: byron@screaltors.org

Austin Smallwood, Director of Legal and Regulatory Affairs
Email: austin@screaltors.org

Tiara Pitts, Director of Fair Housing Policy
Email: tpitts@screaltors.org

PHONE: (803) 772-5206

SCR forms are available on Zipforms, Dotloop, Docusign, Skyslope, Brokermint and Instanet.  You may also download them from SCRealtors.org.

Video Library

Section 8 Due Diligence and Termination Fee

Section 10 Appraised Value | Section 11 Wood Infestation Report | Section 14 Home Warranty | Section 24 Mediation

Section 6 Transaction Costs | Section 22 Adjustments

Section 1 Parties | Section 7 Finance | Section 23 Default | Section 31 Expiration of Offer

SCR Contract Training – May 17