Follow the law for listing, showing and selling properties across the state line!
You must be licensed in South Carolina to list, show or sell property in South Carolina, and vice versa; you must be licensed in North Carolina to list, show or sell property in North Carolina.
Any member of a team who crosses the state line must also be licensed in that state as well, not just the team leader whose name appears on the contract. If the team members hold themselves out as licensed, show a property or otherwise act as licensed in a state in which they are not licensed, then the licensed team leader and the broker-in-charge (BIC) run the risk of violating license law.
- SC Code of Laws §40-57-135(K)(6) states, “For all types of real estate transactions, including leases and sales, an unlicensed employee of the owner or an unlicensed individual working under the supervision of a broker-in-charge or a property manager-in-charge may not:..(6) show real property for sale...”
- The North Carolina Real Estate Commission says only licensed brokers may show properties for sale to prospective buyers (see Unlicensed Assistants – Drawing the Line Between What They Can and Cannot Do).
Real estate licensees and BICs are responsible for complying with the license law regardless of listing accessibility. Use of information developed by or published by Canopy MLS is strictly limited to the activities authorized under the Member Participant’s or Subscriber’s licensure(s) or certification, and unauthorized uses are prohibited.
Violations can result in fines from the MLS, a Code of Ethics hearing, and discipline from the North or South Carolina Real Estate Commissions. Transcripts of hearings and public statements after hearings show that the South Carolina Real Estate Commission has been consistent that if a person violates the law before they have a license, they will not be awarded one upon application.