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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 17, 2004
H. 4081
S. Printed 3/17/04--H. [SEC 3/18/04 1:47 PM]
Read the first time April 24, 2003.
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.
Amend Title To Conform
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 of 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 commercial real estate preparatory to or as part of a commercial real estate lease or rental transaction involving the commercial real estate, has furnished labor or material for the improvement of commercial real estate within the meaning of Section 29-5-20.
(2) A real estate broker shall not acquire a lien under this subsection unless:
(a) the owner of the commercial real estate or the owner's authorized agent lists the commercial real estate with the broker under the terms of a written agreement to lease an interest in the commercial real estate; 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 that rents or leases the commercial real estate or rents or leases an interest in the commercial real estate upon terms contained in a written agreement described in item (1) of this subsection.
(3) A real estate broker shall not acquire a lien under this subsection upon residential real estate.
(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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