How the Brissey Bill Protects Buyers and Sellers in South Carolina Real Estate

What the Brissey Bill does in South Carolina real estate

The Brissey Bill is a South Carolina law that sets minimum standards for real estate transactions and protects both buyers and sellers from incomplete or misleading property information. Passed in 2008, it requires sellers to disclose known defects in a property before a sale closes, and it gives buyers a window to inspect the property and back out if serious problems emerge. The law applies to most residential properties in South Carolina and shapes how agents, inspectors, and title companies handle the paperwork and timeline of a sale.

The bill's core requirement is the Residential Property Condition Disclosure Statement—a form the seller must complete and give to the buyer before the contract is binding. This form asks the seller to report the condition of major systems: the roof, foundation, plumbing, electrical, HVAC, and appliances. If a seller knows about a problem—a leaking roof, a cracked foundation, a failing water heater—they must say so on the form. Buyers then have a set period to hire an inspector, review the disclosure, and decide whether to proceed, renegotiate, or walk away.

Key Takeaways

• South Carolina sellers must complete a Residential Property Condition Disclosure Statement before a buyer is bound to the contract, listing known defects in the roof, foundation, plumbing, electrical, HVAC, and appliances.
• Buyers typically have three to five business days after receiving the disclosure to hire an inspector and decide whether to renegotiate, request repairs, or withdraw from the sale.
• The Brissey Bill applies to most residential properties but has exceptions for new construction, foreclosures, and properties sold "as-is" by certain parties like banks or government agencies.
• Failure to disclose known defects can expose a seller to legal liability and damages, even after the sale closes.
• Real estate agents in South Carolina are required to explain the disclosure process to both parties and ensure the form is completed and delivered on time.

The inspection period and your right to back out

Once you receive the Residential Property Condition Disclosure Statement as a buyer, you enter a critical window—usually three to five business days, though the exact timeline depends on your purchase contract. During this time, you can hire a home inspector to examine the property in detail. The inspector will test systems, look for water damage, check the roof and foundation, and produce a written report. You are not required to hire an inspector, but most buyers do because the disclosure form is the seller's own assessment, not a professional evaluation.

If the inspector's report reveals problems the seller did not disclose, or if problems are worse than described, you have options. You can ask the seller to repair the issues before closing, request a credit toward repairs you will make yourself, or withdraw from the contract without penalty. The exact terms depend on your purchase agreement, so review that document carefully with your real estate agent or attorney. If you do not act within the inspection period, you typically lose the right to back out based on the property's condition—so timing matters.

What sellers must disclose and what they don't

The Brissey Bill requires sellers to disclose known defects—problems the seller is aware of through personal experience or repair history. This includes structural issues, roof leaks, plumbing failures, electrical problems, HVAC breakdowns, and appliance malfunctions. Sellers must also disclose whether the property has flooded, whether there are pest infestations, and whether any major systems have been repaired or replaced. The form asks specific questions about each system, and the seller must answer honestly based on what they know.

However, the law does not require sellers to disclose problems they do not know about. If a seller has never noticed a roof leak and has no record of repairs, they are not liable for failing to mention it. The seller is also not required to hire an inspector or investigator to uncover hidden defects. This is why the buyer's inspection period is so important—it is your chance to discover problems the seller may not know about. Additionally, the Brissey Bill has exceptions: new construction, foreclosures, properties sold by banks or government agencies, and properties sold "as-is" may not require the full disclosure form, depending on the circumstances.

How the timeline works from contract to closing

The sequence of events in a South Carolina real estate transaction follows a set pattern. First, the buyer and seller agree on a price and sign a purchase contract. At that moment, the seller must provide the Residential Property Condition Disclosure Statement—it cannot be given after the contract is signed. The buyer then has the inspection period (usually three to five business days) to review the disclosure, hire an inspector if desired, and decide whether to proceed or renegotiate.

If the buyer requests repairs or credits, the seller has a set time to respond—often two to three business days. If the parties agree on repairs or credits, the seller arranges for the work or the buyer accepts a price reduction. If they cannot agree, the buyer can withdraw. Once the inspection period closes and both parties are satisfied, the transaction moves forward to title search, appraisal, and final closing, which typically occurs 30 to 45 days after the contract is signed. Your real estate agent will provide you with the exact dates for each step in your contract.

Exceptions and special situations

Not every real estate transaction in South Carolina is subject to the full Brissey Bill disclosure requirements. New construction from a builder is often exempt because the builder is offering a warranty on the home rather than a disclosure. Foreclosures and properties sold by banks, government agencies, or other institutional sellers may be sold "as-is" without the disclosure form. Probate sales (property sold from an estate) and short sales (where the sale price is less than what the seller owes) may also have different rules.

If you are buying a property in one of these categories, your real estate agent should explain what protections you do and do not have. Some buyers in foreclosure or "as-is" situations hire inspectors anyway to protect themselves, even though the seller is not required to disclose known defects. Understanding which rules apply to your specific transaction is essential, so ask your agent or attorney to clarify before you sign.

What happens if a seller fails to disclose

If a seller knowingly fails to disclose a defect and the buyer discovers it after closing, the buyer may have legal recourse. South Carolina law allows buyers to sue sellers for damages if the seller intentionally or negligently withheld information about a known defect. The buyer must prove that the seller knew about the problem and chose not to disclose it, and that the buyer would not have purchased the property (or would have paid less) if they had known. This is why the disclosure form is so important—it creates a paper trail and protects both parties.

Sellers who are unsure whether to disclose something should err on the side of honesty. Disclosing a problem and negotiating a price adjustment or repair is far less costly than facing a lawsuit after the sale closes. Real estate agents are also required to ensure the disclosure process is handled correctly, and they can face complaints or license discipline if they help a seller conceal information or rush through the disclosure period.

Working with a real estate agent through the disclosure process

Your real estate agent plays a key role in making sure the Brissey Bill requirements are met. As a buyer's agent, they should explain the disclosure form to you, help you understand what it means, and advise you on whether to hire an inspector. They should also make sure you receive the disclosure within the required timeframe and that you understand your inspection period deadline. As a seller's agent, they should help the seller complete the form accurately and honestly, explain the consequences of non-disclosure, and ensure the form is delivered to the buyer before the contract becomes binding.

If you are working with an agent, ask them to walk you through the disclosure form line by line and explain any items the seller has checked as "yes" or "unknown." If the seller has noted repairs or replacements, ask for documentation—receipts, warranties, or contractor reports. This information helps you and your inspector understand the property's history and identify patterns of problems. A good agent will also coordinate the timing of your inspection and make sure you meet all deadlines so you do not lose your right to back out if problems arise.

Frequently Asked Questions

Can I back out of a real estate contract if the inspection finds problems?

Yes, if you are within your inspection period and your purchase contract allows it. Most South Carolina contracts give buyers three to five business days after receiving the disclosure to inspect and decide. If the inspection reveals problems the seller did not disclose, or if problems are worse than described, you can request repairs, ask for a credit, or withdraw without penalty. Once the inspection period ends, you typically cannot back out based on the property's condition unless the contract says otherwise.

What if the seller says they don't know about a problem?

The Brissey Bill only requires sellers to disclose problems they know about. If a seller genuinely did not know about a defect, they are not legally required to have disclosed it. However, this is why your inspection is so important—it uncovers problems the seller may not be aware of. If your inspector finds something significant, you can still renegotiate or back out during your inspection period.

Does the Brissey Bill apply to new construction?

New construction from a builder is often exempt from the Brissey Bill disclosure requirements because builders typically offer a warranty instead. However, the rules vary depending on the builder and the specific property. Ask your real estate agent or attorney whether the new construction you are buying is subject to the disclosure form or whether it is covered by a builder's warranty.

What should I do if I find a major problem after closing?

If you discover a significant defect after closing that the seller knew about and failed to disclose, you may be able to sue the seller for damages. You will need to prove that the seller knew about the problem and intentionally or negligently withheld the information. Consult a real estate attorney in South Carolina to review your situation and determine whether you have a valid claim.

How long does the inspection period last?

The inspection period is typically three to five business days after you receive the Residential Property Condition Disclosure Statement, but the exact length depends on your purchase contract. Make sure you understand your specific deadline and plan your inspection accordingly. If you miss the deadline, you generally lose the right to back out based on the property's condition.