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A263, R276, S46

STATUS INFORMATION

General Bill
Sponsors: Senator Thomas
Document Path: l:\s-res\dlt\001real.mrh.doc

Introduced in the Senate on January 11, 2005
Introduced in the House on February 24, 2005
Last Amended on April 5, 2006
Passed by the General Assembly on April 18, 2006
Governor's Action: May 2, 2006, Signed

Summary: Real estate licensee

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  Senate  Prefiled
   12/8/2004  Senate  Referred to Committee on Banking and Insurance
   1/11/2005  Senate  Introduced and read first time SJ-103
   1/11/2005  Senate  Referred to Committee on Banking and Insurance SJ-103
    2/9/2005  Senate  Committee report: Favorable Banking and Insurance SJ-19
   2/22/2005  Senate  Read second time SJ-6
   2/23/2005  Senate  Read third time and sent to House SJ-24
   2/24/2005  House   Introduced and read first time HJ-18
   2/24/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-18
   3/22/2006  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry HJ-2
   3/27/2006  House   Debate adjourned until Tuesday, April 4, 2006 HJ-15
    4/5/2006  House   Amended HJ-20
    4/5/2006  House   Read second time HJ-22
    4/6/2006  House   Read third time and returned to Senate with amendments 
                        HJ-20
   4/18/2006  Senate  Concurred in House amendment and enrolled SJ-24
   4/27/2006          Ratified R 276
    5/2/2006          Signed By Governor
    5/4/2006          Copies available
    5/4/2006          Effective date 05/02/06
    5/9/2006          Act No. 263

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
2/9/2005
3/22/2006
4/5/2006

(A263, R276, S46)

AN ACT 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 UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE 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, TO PROVIDE THAT A PRIOR RECORDED LIEN HAS PRIORITY OVER THE REAL ESTATE LICENSEE'S LIEN, AND TO DEFINE PRIOR RECORDED LIENS.

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

Services improving real estate

SECTION    1.    Section 29-5-21 of the 1976 Code 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 has furnished material for the improvement of real estate within the meaning of Section 29-5-20.

(B)(1)    A real estate licensee 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 a 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 licensee shall not acquire a lien under this subsection unless:

(a)    the owner of the commercial real estate or the owner's authorized agent authorizes the real estate licensee, under the terms of a written agreement, to lease an interest in the commercial real estate; and

(b)    the real estate licensee or the real estate licensee's affiliated licensees provide 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 licensee shall not acquire a lien under this subsection upon residential real estate.

(4)    Prior recorded liens shall have priority over a real estate licensee's lien. A prior recorded lien shall include, without limitation:

(i)        a valid mechanic's lien claim that is recorded subsequent to the real estate licensee's lien notice of lien but which relates back to a date prior to the recording date of the real estate licensee's lien notice of lien; and

(ii)    prior recorded liens securing revolving credit and future advance of construction loans as described in Section 29-3-50."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 27th day of April, 2006.

Approved the 2nd day of May, 2006.

This web page was last updated on Friday, December 4, 2009 at 3:26 P.M.