Review of the 2025 Real Estate Law Updates in SC

Real estate transactions are often one of the most important financial steps a person can take, and changes in the law can have a big impact on how those transactions move forward. In 2025, South Carolina saw several noteworthy updates that affect buyers, sellers, real estate professionals, and lenders. These changes involve the National Association of Realtors (NAR) settlement, updates to probate rules, and new real estate practice regulations.

At The Floyd Law Firm, our goal is to ensure that clients, agents, and lenders stay informed so that closings remain smooth, transparent, and successful.

The biggest shift this year came from the NAR settlement, which changed how real estate commissions are handled. There is no more mandatory seller-paid buyer’s agent commission, which means that sellers are no longer required to offer compensation to a buyer’s agent.

Buyers in South Carolina now negotiate directly with their own agent regarding fees and payment, giving buyers a clearer understanding of the services their agent provides and the costs involved. This adjustment may require buyers to budget differently for their real estate transactions, while sellers may find more flexibility in their listing agreements.

South Carolina also raised the threshold for simplified probate procedures so that the small estate threshold increased to $45,000. Estates below this limit may qualify for simplified procedures, such as collection by affidavit, making the process less burdensome for families. This update helped to streamline property transfers after a loved one’s passing, especially for modest estates.

Real Estate Practice Act Changes

The South Carolina Real Estate Commission introduced updates in 2025 that affect how offices and agents operate:

Revised Inspection Protocols – Offices may see new compliance checks and procedural updates.

AI in Real Estate – The use of artificial intelligence tools in marketing, client communications, and other aspects of real estate is now subject to updated standards, reflecting the growing role of technology in the industry.

In South Carolina, certain real estate matters must be handled by a licensed attorney. At The Floyd Law Firm, our real estate attorneys assist with title reviews and certifications, preparing documents, managing closings, recording paperwork, and disbursing funds to ensure every transaction is handled smoothly and correctly.

At The Floyd Law Firm, real estate closings are given the attention to detail required. Attorney Patricia H. Anderson, our lead real estate attorney, provides experienced guidance through every step of the closing process. We work closely with agents, brokers, and lenders to ensure transparency and teamwork – with the goal to always protect buyers and sellers, making sure all legal requirements are met and every important detail is addressed.

Whether you are buying, selling, or managing real estate interests, our staff is committed to helping you achieve a successful outcome.