South Carolina H 5522: George Funeral Home

Bill Text

2025-2026 Bill 5522 Text of Previous Version (Apr. 14, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5522

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE 
"HOMEOWNER CONTRACT TRANSPARENCY AND FAIR DISPUTE RESOLUTION ACT" BY ADDING 
ARTICLE 3 TO CHAPTER 50, TITLE 27 SO AS TO REQUIRE SELLERS IN RESIDENTIAL REAL 
ESTATE TRANSACTIONS TO PROVIDE CERTAIN ADVANCE DISCLOSURE OF HOME PURCHASE 
DOCUMENTS TO BUYERS BEFORE CLOSING, INCLUDING DISPUTE RESOLUTION PROVISIONS AND 
LEGAL WAIVERS, TO PROVIDE REMEDIES FOR NONCOMPLIANCE, AND TO IMPOSE AN 
AFFIRMATIVE DUTY ON ATTORNEYS WHO CONDUCT CLOSINGS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Homeowner Contract Transparency and Fair 
Dispute Resolution Act."

SECTION 2. Chapter 50, Title 27 of the S.C. Code is amended by 
adding:

Article 3

Homeowner Contract Transparency and Fair Dispute 
Resolutions

 Section 
27-50-310. The General Assembly finds that:

 (1) 
residential real estate transactions are among the most significant financial 
transactions entered into by consumers;

 (2) 
buyers are frequently presented with important documents containing dispute 
resolution provisions and legal waivers for the first time at or near closing;

 (3) 
the timing and circumstances of closing may impair a buyer's ability to review, 
understand, and voluntarily agree to such provisions; and

 (4) 
requiring advance disclosure and clear, accessible dispute resolution 
procedures promotes fairness, transparency, and informed consent without 
restricting the use of arbitration or other alternative dispute resolution 
methods.

 Section 
27-50-320. For purposes of this article:

 (1) 
"Residential real estate transaction" means the sale of real property improved 
with one to four dwelling units, including newly constructed homes.

 (2) 
"Seller" includes a builder, developer, or any person or entity transferring 
residential real property.

 (3) 
"Buyer" means a natural person acquiring residential real property for 
personal, family, or household use.

 (4) 
"Home purchase documents" means all written agreements related to a residential 
real estate transaction, including:

 (a) 
purchase agreements;

 (b) 
construction contracts;

 (c) 
warranty documents;

 (d) 
closing documents; and

 (e) 
any addenda or incorporated materials.

 (5) 
"Dispute resolution provision" means any clause requiring arbitration, 
mediation, or otherwise limiting or prescribing the forum or method for 
resolving disputes.

 (6) 
"Legal waiver" includes any provision that waives the right to a jury trial, 
the right to bring an action in court, or any other substantive or procedural 
right otherwise available under law.

 Section 
27-50-330. A dispute resolution provision in a home 
purchase document is unenforceable if it conflicts with another provision of 
law regarding:

 (1) 
the required forum;

 (2) 
the governing rules; or

 (3) 
the process for initiating or conducting a claim.

 Section 
27-50-340. (A) A seller shall 
provide the buyer with all home purchase documents containing any dispute 
resolution provision or legal waiver no later than the earlier of:

 (1) 
execution of the purchase agreement; or

 (2) 
ten calendar days before closing.

 (B) 
Delivery must include the complete and final form of the documents, not 
summaries or excerpts.

 (C) A 
material change to a dispute resolution provision or legal waiver after 
delivery requires:

 (1) 
redelivery in compliance with this section; and

 (2) 
a new acknowledgment by the buyer.

 Section 
27-50-350. (A) A dispute resolution 
provision must:

 (1) 
identify a specific forum accessible to the parties;

 (2) 
provide sufficient information to initiate a claim, including:

 (a) 
name of the administering organization, if any;

 (b) 
applicable rules or instructions to access them;

 (c) 
a clear method for initiating proceedings; and

 (3) 
not impose conditions that make the process impracticable or inaccessible.

 (B) A 
dispute resolution provision that does not meet the requirements of subsection 
(A) is void and unenforceable.

 Section 
27-50-360. (A) A seller must 
provide written disclosure of any legal waiver no later than the earlier of:

 (1) 
execution of the purchase agreement; or

 (2) 
ten calendar days before closing.

 (B) 
Disclosures must:

 (1) 
be in a separate, clearly labeled document;

 (2) 
use plain language; and

 (3) 
identify each legal waiver and its effect.

 (C) 
Legal waivers first presented at closing are presumed void and unenforceable 
unless the seller proves by clear and convincing evidence that the buyer had 
meaningful opportunity to review and voluntarily agreed.

 (D) Any 
dispute resolution provision, ar