A real estate broker and all associated licensees owe no duty or obligation to a client following termination, expiration, completion, or performance of an agency agreement or closing of the real property transaction, whichever occurs first, except the duties of:
(1) accounting in a timely manner for all money and property related to and received during the relationship; and
(2) keeping confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, except as provided for in Section 40-57-350(C)(1)(f) and Section 40-57-350(E)(1)(f) unless the:
(a) client permits the disclosure by written agreement;
(b) disclosure is required by law;
(c) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or
(d) the information becomes public from a source other than the broker.
HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Section 19; formerly 1976 Code Section 40-57-140; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers
Section 40-57-5. Applicability of chapter; conflicts of laws.
Section 40-57-10. South Carolina Real Estate Commission created; purpose.
Section 40-57-30. Definitions.
Section 40-57-40. Membership; terms of appointment.
Section 40-57-50. Election of officers; seal; rules and procedures.
Section 40-57-60. Powers and duties of commission.
Section 40-57-65. Annual report.
Section 40-57-70. Application and license fees; allocation of fees; annual report.
Section 40-57-90. Application for examination or licensure; form and fees.
Section 40-57-110. Issuance and classification of license; inactive status; renewal; lapse.
Section 40-57-120. Nonresident licensees; change in residency; referral fees by resident licensees.
Section 40-57-136. Trust accounts; disputes; records.
Section 40-57-240. Applicability of chapter.
Section 40-57-310. Qualifications for licensure.
Section 40-57-320. Conditions for license application; education; examination; fees.
Section 40-57-360. Broker-in-charge responsible for team supervision.
Section 40-57-370. Duty of licensee to provide disclosure of brokerage relationships; exceptions.
Section 40-57-510. Manager or property manager-in-charge license.
Section 40-57-520. Management of residential multiunit rental locations.
Section 40-57-730. Licensure after revocation.
Section 40-57-750. Costs of investigation and prosecution of violations.
Section 40-57-760. Imposition of costs; collection.
Section 40-57-770. Confidentiality and privileged communications.
Section 40-57-780. Failure to renew or register license; penalties.
Section 40-57-790. Civil actions.