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TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED TO HAVE FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, AND TO FURTHER PROVIDE THAT, UNDER CERTAIN CONDITIONS, A REAL ESTATE BROKER WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 29-5-21 of the 1976 Code, as added by Act 465 of 1978, is amended to read:
"Section 29-5-21. (A) A surveyor who surveys real estate by virtue of an agreement with the owner of such real estate shall be considered to have furnished material for the improvement of real estate within the meaning of Section 29-5-20.
(B) An engineer, architect, or landscape architect, who, by virtue or an agreement with the owner, performs or provides professional services for which he is licensed under Title 40 for the improvement of real estate, has furnished labor or material for the improvement of real estate within the meaning of Section 29-5-20.
(C)(1) Except as provided in this subsection, a real estate broker who, by virtue of a written agreement with the owner, performs professional services for which he is licensed under Title 40 incident to marketing, developing, or improving real estate preparatory to or as part of a real estate transaction involving the real estate, has furnished material for the improvement of real estate within the meaning of Section 29-5-20.
(2) A real estate broker shall not acquire a lien under this section unless:
(a) the owner of the real estate or the owner's authorized agent:
(i) lists the real estate with the broker under the terms of a written agreement to sell, lease, or convey an interest in the real estate; or
(ii) agrees in writing to pay the broker a fee for his services as a buyer's representative; and
(b) the broker or the broker's affiliated sales associate provides licensed services that result, during the term of a written agreement described in item (1) of this subsection, in the procuring of a person or entity ready, willing, and able to purchase, lease, or otherwise accept a conveyance of the real estate or an interest in the real estate:
(i) upon terms contained in a written agreement described in item (1) of this subsection; or
(ii) upon terms that are acceptable to the owner or the owner's authorized agent as evidenced by a written agreement to convey an interest in the real estate signed by the owner or the owner's authorized agent.
(3) A real estate broker shall not acquire a lien under this section upon a house and lot or newly constructed residential real estate unless the purchaser of the house and lot or of the newly constructed residential real estate has agreed in writing to directly compensate the broker for performing brokerage services relating to the purchase transaction.
(D) A lien or claim giving rise to a lien of an engineer, architect, landscape architect, real estate broker, or land surveyor on public land or a public improvement is governed by this title."
SECTION 2. This act takes effect upon approval by the Governor.
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