South Carolina Code of Laws
Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers
Section 40-57-40. Membership; terms of appointment.

(A) The South Carolina Real Estate Commission consists of ten members elected or appointed as follows:
(1) seven members who are professionally engaged in the active practice of real estate, one elected from each congressional district by a majority of house members and senators representing the house and senate districts located within each congressional district;
(2) two members representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate;
(3) the elected and appointed members shall elect from the State at large one additional member who must be in the active practice of real estate.
(B) A commission member serves a term of four years and until his successor is elected or appointed and qualifies. A vacancy on the commission must be filled in the manner of the original election or appointment for the remainder of the unexpired term.
(C) Before discharging of the duties of his office, a member's election or appointment must be certified by the Secretary of State, and the member shall, in writing, take an oath to perform the duties of the office as a member of the commission and to uphold the constitutions of this State and the United States.
(D) The term of a member commences on the date on which his election or appointment is certified by the Secretary of State.
(E) A member may be removed from office in accordance with Section 1-3-240.
HISTORY: 1997 Act No. 24, Section 1; 2012 Act No. 279, Section 10, eff June 26, 2012; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.

Editor's Note
Prior Laws:1956 (49) 2046; 1960 (51) 1727; 1962 Code Section 56-1545.4; 1972 (57) 2649; 1978 Act No. 534, Section 2; 1994 Act No. 38; 1976 Code Section 40-57-50.
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment substituted "seven" for "Six" throughout subsection (A)(1); substituted "the nine" for "The eight" in subsection (A)(3); and, made other, nonsubstantive, changes.
2016 Act No. 170, Section 1, reenacted the section with nonsubstantive changes.

Structure South Carolina Code of Laws

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 40-57-20. Valid Licensure Requirement for Real Estate Brokers, Salespersons, and Property Managers.

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 40-57-80. Reserved.

Section 40-57-90. Application for examination or licensure; form and fees.

Section 40-57-100. Reserved.

Section 40-57-110. Issuance and classification of license; inactive status; renewal; lapse.

Section 40-57-115. Criminal background checks required for initial applicants and licensure renewals.

Section 40-57-120. Nonresident licensees; change in residency; referral fees by resident licensees.

Section 40-57-135. Duties of broker-in-charge and property manager-in-charge; associated licensees; office locations; policies and recordkeeping; management agreements; unlicensed employees.

Section 40-57-136. Trust accounts; disputes; records.

Section 40-57-240. Applicability of chapter.

Section 40-57-250. Omitted.

Section 40-57-310. Qualifications for licensure.

Section 40-57-320. Conditions for license application; education; examination; fees.

Section 40-57-330. Broker-in-charge license requirements; active broker or salesperson must be licensed under broker-in-charge.

Section 40-57-340. Conditions for license renewal; background checks; continuing education; exemptions.

Section 40-57-350. Real estate brokerage firm duties to client; agency relationship; applicability of common law.

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 40-57-380. Effect of termination, expiration, completion or performance of agency agreements; accounting and confidentiality.

Section 40-57-510. Manager or property manager-in-charge license.

Section 40-57-520. Management of residential multiunit rental locations.

Section 40-57-710. Grounds for denial of issuance of license or for disciplinary action against licensee.

Section 40-57-720. Investigations; restraining orders; surrender of license; disciplinary action; report to be posted.

Section 40-57-730. Licensure after revocation.

Section 40-57-740. Actions against owners and agents; education standards; education providers or instructors.

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.

Section 40-57-800. Service of notice; continuance.

Section 40-57-810. Severability.