South Carolina Real Estate Practice Exam.
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1. Prior to a 2024 legislative change, South Carolina's entry-level real estate license was known by a different title before being renamed. What was that former title?
- A. Salesperson
- B. Agent
- C. Broker Associate
- D. Realtor
Show answer & explanation
Answer: A
The 2024 legislative amendment substituted the term associate for the previous statutory title salesperson, so the correct former title is salesperson; agent, broker associate, and Realtor were never the prior statutory license title being replaced by this change.2. A Charleston property owner grants a neighbor the right to cross her backyard to reach a shared dock. This nonpossessory right is best classified as which type of interest?
- A. A leasehold estate
- B. An easement appurtenant
- C. A license revocable at will
- D. A life estate
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Answer: B
An easement appurtenant benefits an adjoining parcel and runs with the land, granting a specific right of use rather than possession; a life estate and leasehold both convey possessory rights, and a mere license is personal and freely revocable, unlike the durable right described here.3. A Greenville buyer purchases a single-family lot but the recorded plat shows a utility company's underground line crossing the rear ten feet. What best describes the utility company's interest?
- A. A fee simple determinable
- B. A leasehold
- C. An easement in gross
- D. A dower interest
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Answer: C
An easement in gross benefits a specific entity, such as a utility, rather than another tract of land, so it does not need a benefiting parcel; the other choices describe estates of ownership or possession that do not match a utility's limited right to maintain equipment on someone else's land.4. A Rock Hill city council rezones a corridor from residential to mixed commercial use to encourage new development along a transit line. This governmental action is an exercise of which power?
- A. Taxation
- B. Escheat
- C. Eminent domain
- D. Police power
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Answer: D
Zoning is a classic exercise of police power, which allows government to regulate land use for the health, safety, and general welfare of the community without paying compensation; eminent domain instead requires taking title with just compensation, escheat concerns heirless estates, and taxation raises revenue rather than regulating use.5. A Spartanburg landowner conveys a parcel 'to my son so long as the land is used for farming.' What type of estate has been created?
- A. A fee simple absolute
- B. A fee simple determinable
- C. A life estate pur autre vie
- D. A periodic tenancy
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Answer: B
The phrase 'so long as' creates a fee simple determinable, which automatically ends and reverts to the grantor the moment the stated condition, farming use, is no longer met; a fee simple absolute carries no such limitation, a life estate pur autre vie is measured by another person's life, and a periodic tenancy is a leasehold arrangement, not an ownership conveyance.6. A Florence homeowners' association restricts exterior paint colors on all lots within the subdivision. This restriction most likely originates from which source?
- A. A variance granted by the board of zoning appeals
- B. A local zoning ordinance
- C. A recorded restrictive covenant
- D. A special use permit
Show answer & explanation
Answer: C
Private restrictions on appearance and use within a subdivision are typically created through recorded restrictive covenants that bind all lot owners as a matter of contract, not through public zoning; zoning ordinances, variances, and special use permits are governmental land-use tools that regulate broader districts rather than enforce a single subdivision's private aesthetic rules.7. Broker Elena in Columbia represents the buyer in a transaction. Which duty does Elena owe to the seller, who is unrepresented by her?
- A. A duty to negotiate the lowest possible price for the seller
- B. Full fiduciary loyalty equal to that owed to her buyer client
- C. A duty to recommend her own attorney to the seller
- D. Honesty and fair dealing, without disclosing her buyer client's confidential information
Show answer & explanation
Answer: D
Even when representing only the buyer, a licensee owes any unrepresented party basic duties of honesty and fair dealing while still protecting the confidential information of her own client; full fiduciary loyalty is reserved for the client relationship, and a buyer's agent has no duty to secure the best price for the opposing seller or to steer the seller toward particular professionals.8. In Sumter, brokerage Palmetto Realty Group represents both the seller and the buyer on the same deal after each party signs a written form acknowledging and consenting to the arrangement. What term describes this setup?
- A. Subagency
- B. Dual agency
- C. Undisclosed dual representation
- D. Exclusive designated agency only
Show answer & explanation
Answer: B
Dual agency arises when a single broker or brokerage represents both principals in one transaction, which is only permissible with informed written consent from each side because it necessarily limits the undivided loyalty either party would otherwise receive; subagency instead involves a separate broker working on behalf of the listing broker, and representing both sides without disclosure and consent would be an unethical breach rather than a recognized lawful arrangement.9. Within the same Hilton Head brokerage, one associate is designated to represent the seller and a different associate is designated to represent the buyer in the same sale. What is this practice called?
- A. Single agency with informed waiver
- B. Designated agency
- C. Dual agency
- D. Subagency
Show answer & explanation
Answer: B
Designated agency assigns two different licensees within the same firm to separately represent the buyer and the seller, allowing each party to receive undivided loyalty from their own designated agent even though the brokerage itself is connected to both sides; this is distinct from dual agency, where a single licensee attempts to serve both parties at once, and it is not the same as subagency or a generic single-agency waiver.10. A Beaufort seller accepts a buyer's written offer exactly as submitted, without any changes, and signs it. What has occurred at this point?
- A. A binding contract, since acceptance mirrored the offer's terms
- B. An option contract
- C. A counteroffer
- D. An unenforceable agreement until earnest money is deposited
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Answer: A
When an offeree accepts an offer's terms exactly as presented, a binding contract is formed the moment that acceptance is communicated, since mutual assent on identical terms satisfies the basic elements of offer and acceptance; any change to the terms would instead create a counteroffer, and earnest money deposit is a performance detail, not a requirement for contract formation.11. A buyer's agent in Rock Hill learns that a competing offer on the same property fell through due to financing issues, information that could affect her own buyer client's negotiating strategy. What duty requires her to share this with her client?
- A. The duty of accounting owed to the brokerage
- B. The duty of obedience owed to the seller
- C. The duty of disclosure owed to her own client
- D. The duty of confidentiality owed to the competing buyer
Show answer & explanation
Answer: C
An agent owes her own client a duty to disclose material information relevant to the client's interests, including facts that could affect negotiating leverage, as part of the fiduciary relationship; confidentiality runs the opposite direction and protects information about other parties, while accounting concerns handling of funds and obedience concerns lawful instructions, neither of which covers sharing strategically useful market information with one's own client.12. A Sumter broker's licensed assistant, who does not hold an associate license, personally negotiates purchase price terms with a prospective buyer over the phone. Why is this activity a problem?
- A. It is a problem only if the assistant is under age 21
- B. It is permitted as long as the assistant is compensated hourly rather than by commission
- C. Negotiating price and material terms is licensed activity that an unlicensed assistant may not legally perform
- D. It is permitted because the broker orally authorized it
Show answer & explanation
Answer: C
Negotiating the price or material terms of a real estate transaction is considered licensed activity, so an unlicensed office assistant cannot lawfully perform it no matter how they are paid or whether a broker verbally signs off; permissible unlicensed clerical tasks include scheduling and preparing marketing materials, not substantive negotiation, and age is not the relevant distinction here.13. A Conway broker supervises three associates. One associate closes a transaction using a contract form the broker never reviewed, and the form contains an error that harms a client. Who bears ultimate responsibility for this supervision failure?
- A. The seller's attorney, because they should have caught the error
- B. No one, because the broker delegated the transaction
- C. Only the associate who used the form
- D. The supervising broker, because brokers are responsible for supervising the licensed activities of their associates
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Answer: D
Supervising brokers are generally held responsible for overseeing the licensed activity of the associates working under them, including reviewing contracts and forms used in transactions, so supervisory failures create broker-level accountability rather than falling solely on the associate; delegating a task does not eliminate a broker's oversight duty, and outside attorneys have no supervisory role over a brokerage's associates.14. A Charleston buyer and seller sign a contract, but the buyer later learns the seller was a minor at the time of signing. What is the legal status of this contract?
- A. Fully enforceable against both parties
- B. Void from the beginning
- C. Voidable at the minor's option
- D. Valid but unrecordable
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Answer: C
Contracts entered into by a minor are generally voidable at the minor's election, meaning the minor may choose to disaffirm or enforce the agreement, rather than being automatically void or fully binding on both sides; recordability is a separate issue unrelated to contractual capacity.15. Which deed conveys only whatever ownership interest, if any, the grantor actually holds, and makes no promises whatsoever about the state of title? In North Augusta, a seller uses exactly this kind of deed to transfer a parcel to the buyer.
- A. A general warranty deed
- B. A quitclaim deed
- C. A special warranty deed
- D. A deed of trust
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Answer: B
A quitclaim deed passes along only whatever interest, if any, the grantor presently holds and offers no warranties or assurances about the state of title, making it the weakest available form of conveyance; general and special warranty deeds each include some level of title guarantee, and a deed of trust is a financing instrument rather than a means of transferring ownership.16. In Beaufort, a homeowner passes away shortly after executing a valid sales contract but before the closing date arrives. What is the typical outcome for the contract's obligations?
- A. The agreement is automatically voided by the seller's passing
- B. The agreement is converted into a lease with an option to buy
- C. The agreement remains enforceable, obligating the estate to complete the transfer of title
- D. The buyer automatically loses the earnest money deposit
Show answer & explanation
Answer: C
A valid, binding contract generally survives the death of a party and stays enforceable against that party's estate, so a personal representative typically must carry out the sale as agreed; contracts do not dissolve automatically upon death, and neither automatic forfeiture of the deposit nor conversion into a lease-option reflects how an estate honors a decedent's existing legal obligations.17. A Florence buyer's purchase agreement includes a clause requiring both parties to attempt mediation before filing a lawsuit over any contract dispute. This clause is an example of which contract provision?
- A. A dispute resolution clause
- B. An assignment clause
- C. A liquidated damages clause
- D. A time-is-of-the-essence clause
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Answer: A
A dispute resolution clause specifies the process, such as mediation or arbitration, that parties must follow before pursuing litigation over a disagreement, which matches the mediation requirement described; a time-is-of-the-essence clause instead emphasizes strict adherence to contract deadlines, a liquidated damages clause presets a breach remedy, and an assignment clause addresses whether contract rights can be transferred to another party.18. A Myrtle Beach seller and buyer orally agree on all terms of a home sale and shake hands, intending to sign paperwork later that week, but the buyer backs out first. What is the most likely outcome regarding enforceability?
- A. The oral agreement is fully enforceable because both parties agreed to every term
- B. The buyer must pay double the sale price as a penalty
- C. The seller can force specific performance based on the handshake alone
- D. The agreement is generally unenforceable because contracts for the sale of real estate must be in writing
Show answer & explanation
Answer: D
The statute of frauds generally requires contracts for the sale of real property to be in writing and signed to be enforceable, so an oral agreement, even one with a handshake and full agreement on terms, typically cannot be enforced through specific performance or damages; there is no standard doubling-of-price penalty for backing out of an unenforceable oral deal.19. In Anderson, a homebuyer selects financing where the interest rate resets from time to time in line with a published market index. Which loan product is being described?
- A. A fixed-rate mortgage
- B. An adjustable-rate mortgage
- C. A graduated-payment mortgage
- D. A balloon-payment mortgage
Show answer & explanation
Answer: B
An adjustable-rate mortgage carries an interest rate that resets periodically according to a specified market index plus a margin, so payments rise or fall over the loan's life; a fixed-rate mortgage keeps one rate the whole term, a balloon-payment mortgage ends with a large lump sum due, and a graduated-payment mortgage raises payments on a preset schedule rather than tracking an index.20. Comparing two refinance quotes for a rental duplex in Anderson, an investor notices one lender's proposed monthly payment includes an extra amount earmarked for future property tax and insurance bills, while the competing lender's quote does not. Until those tax and insurance bills actually come due, where does the first lender hold the extra collected funds?
- A. In a personal escrow fund maintained by the loan officer
- B. In an account controlled by the lender being paid off in the refinance
- C. In the new lender's escrow (impound) account
- D. In the investor's own business operating account
Show answer & explanation
Answer: C
A lender that collects extra amounts for future property tax and insurance bills pools those funds into an escrow or impound account under its own control until the bills are due; the funds are not parked in the borrower's own operating account, the old lender being refinanced away has no claim on money collected by the new loan, and no individual loan officer keeps a personal escrow fund for client tax and insurance reserves.21. A Spartanburg home appraises for $210,000 and sells for $225,000. The buyer obtains a loan for 80% of the appraised value. What is the loan amount?
- A. $168,000
- B. $189,000
- C. $174,000
- D. $180,000
Show answer & explanation
Answer: A
Loan-to-value calculations are based on the lesser of appraised value or sale price when the two differ, so the loan is calculated as eighty percent of the $210,000 appraised value, producing $168,000; applying the percentage to the higher sale price, using ninety percent instead of eighty, or averaging the two figures before applying the percentage all produce the other, incorrect totals shown among the choices.22. A Charleston closing disclosure shows the seller owes property taxes for the portion of the year they owned the home, while the buyer owes taxes from the closing date forward. This adjustment process is called what?
- A. Amortization
- B. Recapture
- C. Proration
- D. Subordination
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Answer: C
Proration divides ongoing expenses like property taxes between buyer and seller based on the portion of the billing period each party owned the property, which is exactly the adjustment described; amortization refers to the gradual repayment of loan principal, subordination concerns lien priority, and recapture typically relates to depreciation or tax benefit clawbacks, none of which describe splitting a shared expense at closing.23. A Florence seller's existing loan has a favorable low interest rate, and the buyer wants to take over that same loan under its original terms. What type of financing arrangement allows this?
- A. A bridge loan
- B. A wraparound mortgage
- C. An assumable loan
- D. A purchase-money mortgage
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Answer: C
An assumable loan permits a qualified buyer to take over the seller's existing mortgage on its original terms, including the interest rate, which matches the scenario described; a wraparound mortgage instead creates a new loan that wraps around and includes the existing one, a purchase-money mortgage is seller financing extended directly to the buyer, and a bridge loan is short-term financing used between transactions.24. While appraising a house in Orangeburg, an appraiser finds that a recently sold comparable includes a finished garage the subject property does not have. How should this difference be handled when adjusting the comparable's sale price?
- A. Subtract the garage's estimated value from the comparable's sale price
- B. Adjust the subject property's price rather than the comparable's
- C. Add the garage's estimated value onto the comparable's sale price
- D. Disregard it, since garages seldom influence value
Show answer & explanation
Answer: A
Under the sales comparison approach, adjustments are always made to the comparable rather than the subject; since the comparable has a feature the subject lacks, its price must be adjusted downward to bring it in line with the subject, not upward, and a finished garage is rarely irrelevant to value.25. An appraiser is valuing a highly unique custom-built home in Beaufort with few comparable sales available nearby. Which appraisal approach is most useful in this situation?
- A. The cost approach, estimating land value plus the depreciated cost to reconstruct the improvements
- B. The income approach, capitalizing rental income
- C. The gross rent multiplier method, comparing rent-to-price ratios
- D. The sales comparison approach, relying heavily on similar recent sales
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Answer: A
The cost approach is especially useful when comparable sales are scarce, such as for unique or custom properties, because it estimates value from land plus depreciated reproduction cost rather than relying on comparable sales data or income streams that a unique owner-occupied home may not generate.26. A home in Sumter has an outdated kitchen layout that no longer meets buyer expectations, even though the home is structurally sound. This type of value loss is best classified as:
- A. Functional obsolescence
- B. Physical deterioration
- C. Economic (external) obsolescence
- D. Curable physical depreciation from deferred maintenance
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Answer: A
Functional obsolescence refers to a loss in value from outdated design or features, like a poor kitchen layout, rather than physical wear; physical deterioration and deferred maintenance relate to the structure's physical condition, and economic obsolescence stems from external factors like neighborhood decline, not the home's own outdated design.27. A newly built asphalt plant begins operating on the edge of an otherwise well-maintained subdivision in Anderson, and buyers start offering less for homes there even though nothing about the houses themselves has changed. Which type of value loss does this illustrate?
- A. Deferred maintenance
- B. Physical deterioration
- C. Functional obsolescence
- D. Economic (external) obsolescence
Show answer & explanation
Answer: D
Economic, or external, obsolescence is a loss in value caused by factors outside a property's boundaries and beyond the owner's control, such as an incompatible new use next door, rather than the condition or design of the structure itself; physical deterioration and deferred maintenance both concern the building's own physical state, and functional obsolescence involves outdated design or features within the property, none of which fit a value drop caused entirely by what is happening on the neighboring parcel.28. A parcel of raw land in Summerville's downtown corridor might work as a fast-food pad site, a self-storage facility, or a medical office building. An appraiser weighs which option is legally allowed, physically achievable, financially sound, and yields the greatest return. What is this analysis called?
- A. Assessed valuation
- B. Reproduction cost
- C. Highest and best use
- D. Effective gross income
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Answer: C
Highest and best use analysis pinpoints the most profitable legally allowed, physically achievable, and financially sound use of a site, which underlies land valuation; assessed valuation is a tax figure set by an assessor, reproduction cost is a cost-approach figure, and effective gross income is an income-approach concept unrelated to determining a vacant site's optimal use.29. A seller in Greenville knows the home's roof leaks significantly during heavy rain but says nothing to the buyer, who does not ask about the roof. What is the seller's likely legal exposure?
- A. The seller is only liable if the buyer's home inspector also missed the leak
- B. The seller may be liable for failing to disclose a known material defect that affects the property's value or desirability
- C. The seller's disclosure duty applies only to defects discovered after the contract is signed
- D. The seller has no disclosure obligation because the buyer never specifically asked about the roof
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Answer: B
Sellers generally must disclose known material defects that a buyer would not easily discover, regardless of whether the buyer specifically asked, since silence about a known problem is what creates liability, not the buyer's failure to ask, an inspector's separate performance, or a timing rule limited to defects found post-signing.30. A buyer asks a listing agent in Charleston whether anyone has ever died in the home being sold. General disclosure practice treats this fact as:
- A. A defect that automatically voids the sale if not disclosed
- B. A structural defect requiring repair before closing
- C. A fact that must always be volunteered on the seller disclosure form regardless of any question
- D. A non-material fact that most states do not require agents to disclose unless directly asked or otherwise legally required
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Answer: D
Most jurisdictions treat matters like a death in the home as non-material stigma facts that do not have to be volunteered on a standard disclosure form; where a buyer directly asks, honesty rules typically require a truthful answer, but the fact alone does not void a sale, is not a structural defect, and is not a mandatory-volunteer item in most disclosure schemes.31. A listing agent in Myrtle Beach describes a condo as having a stunning ocean view when in fact the ocean is visible only from one small window. A buyer later complains the description was misleading. This description is most likely treated as:
- A. Puffing, an exaggerated but subjective opinion rather than an actionable misrepresentation
- B. A violation requiring immediate license revocation
- C. Fraud, because the buyer relied on the statement to their detriment
- D. A material misrepresentation of fact requiring rescission of the contract
Show answer & explanation
Answer: A
Subjective, opinion-based sales language is typically classified as puffing rather than an actionable misrepresentation, unlike a false statement of an objective, verifiable fact; fraud and material misrepresentation require a false statement of fact relied upon to the buyer's detriment, and license revocation is a disciplinary extreme not triggered by subjective marketing language.32. A bank branch serving Easley routinely rejects mortgage applications and pulls back its marketing in particular zip codes that have a high share of minority residents, without regard to any applicant's individual credit standing. What is this practice called?
- A. Steering
- B. Redlining
- C. Underwriting
- D. Blockbusting
Show answer & explanation
Answer: B
Redlining is the discriminatory denial or restriction of services such as mortgage lending to residents of certain areas based on race or ethnicity rather than individual qualifications; steering and blockbusting involve real estate agents' conduct in showing or selling homes rather than a lender's area-based lending denial, and underwriting is simply the legitimate process of evaluating loan risk.33. A listing agent in Sumter represents the seller but is negotiating with an unrepresented buyer directly. Even without a fiduciary relationship to the buyer, what duty does the agent still owe the buyer?
- A. No duty whatsoever, since the buyer chose not to hire representation
- B. A duty to negotiate exclusively in the buyer's financial favor
- C. The full fiduciary duty of loyalty owed only to a client
- D. A duty of honesty and fair dealing, including not making false statements of material fact
Show answer & explanation
Answer: D
Even a customer who is not a client is owed baseline duties of honesty and fair dealing under agency law, which prohibits false statements of material fact, but that is distinct from the full fiduciary loyalty owed only to an actual client, and it is not correct to say no duty exists at all, nor does the agent owe a duty to favor the unrepresented buyer's financial interests over the client's.34. A landlord in Greenville refuses to rent an apartment to a family with young children, citing a preference for quiet tenants without kids. This refusal most directly violates fair housing protections based on:
- A. National origin
- B. Disability
- C. Religion
- D. Familial status
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Answer: D
Refusing to rent to households with children implicates the protected class of familial status under federal fair housing law; it does not involve the applicant's national origin, disability, or religious status, none of which were mentioned or relevant to the landlord's stated reason.35. In Florence, agent Devon routinely shows properties in select neighborhoods exclusively to house-hunters of one particular race, steering them away from listings elsewhere, while giving buyers of other races access to the complete inventory. What is this conduct called?
- A. Steering
- B. Redlining
- C. Puffing
- D. Blockbusting
Show answer & explanation
Answer: A
Steering is the discriminatory practice of channeling homebuyers toward or away from certain neighborhoods on the basis of a protected characteristic; blockbusting instead induces panic selling by suggesting a protected class is moving into an area, redlining is a lender's refusal to make loans in certain areas based on demographics, and puffing is unrelated exaggerated sales talk rather than a fair housing violation.36. A tenant with a mobility disability in Spartanburg asks her landlord for permission to install a ramp at her own expense at the building's entrance. Under fair housing law, the landlord's obligation is generally to:
- A. Grant the request only if the landlord agrees to pay for the ramp themselves
- B. Ignore the request since it applies only to properties receiving federal funding
- C. Allow the reasonable modification, though the landlord may require the tenant to restore the property at move-out in some cases
- D. Deny the request because structural changes are never required under fair housing law
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Answer: C
Fair housing law requires landlords to permit reasonable modifications a tenant needs due to disability, generally at the tenant's own expense, and landlords may in some cases require restoration at move-out; a blanket denial or ignoring the request improperly disregards this obligation, there is no requirement that the landlord fund the modification, and the obligation is not limited to federally funded housing.37. A mortgage applicant in Aiken is denied credit, and the lender relies in part on the fact that the applicant recently received public assistance income. Under the Equal Credit Opportunity Act, this practice is:
- A. Permitted only for jumbo loan applications
- B. Permitted, because public assistance income is inherently less reliable than wages
- C. Required, since lenders must document the source of all income used in underwriting
- D. Prohibited, because lenders may not discriminate based on an applicant's receipt of public assistance income
Show answer & explanation
Answer: D
The Equal Credit Opportunity Act specifically prohibits credit discrimination based on the fact that an applicant's income comes from public assistance; it does not classify such income as inherently unreliable, this protection is not carved out for smaller versus jumbo loans, and while documenting income sources is normal underwriting practice, that is different from being allowed to deny credit because of the source.38. In South Carolina, real estate licensees are regulated by which state entity?
- A. The South Carolina Association of Realtors, a private trade association
- B. The South Carolina Real Estate Commission, operating under the Department of Labor, Licensing and Regulation
- C. The South Carolina Bar Association
- D. The county register of deeds office
Show answer & explanation
Answer: B
South Carolina real estate licensees fall under the regulatory authority of the Real Estate Commission housed within the Department of Labor, Licensing and Regulation, distinct from a private trade association, a county records office that only handles recording documents, and the state bar which regulates attorneys, not real estate licensees.39. A 17-year-old high school graduate in Florence wants to apply for a South Carolina real estate license. Based on state age eligibility requirements, this applicant:
- A. Qualifies because there is no minimum age requirement in South Carolina
- B. Qualifies only if sponsored by a broker-in-charge
- C. Qualifies immediately as long as a parent co-signs the application
- D. Does not yet qualify, because applicants must be at least 18 years old
Show answer & explanation
Answer: D
South Carolina requires license applicants to be at least 18 years of age, so a 17-year-old does not yet meet eligibility regardless of parental co-signature or broker sponsorship, and it is incorrect that no minimum age requirement exists in the state.40. Under current South Carolina law, a newly licensed entry-level real estate professional who must work under supervision while meeting experience and education requirements holds which license title?
- A. Property Manager
- B. Broker
- C. Independent Contractor
- D. Associate
Show answer & explanation
Answer: D
South Carolina law defines this entry-level, supervised license category as Associate, distinguishing it from the Broker level, which carries greater independence and supervisory responsibility, while Property Manager and Independent Contractor are not the statutory license title used for this entry-level, supervised category.41. Because South Carolina defines an Associate as a supervised licensee, an associate handling a listing or sale in South Carolina must do so:
- A. Under direct supervision only for the first transaction, then independently after that
- B. Independently, since the term 'associate' implies full autonomy
- C. Under supervision only if the associate is selling commercial property
- D. Under the oversight of a broker-in-charge, rather than independently
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Answer: D
The statutory definition of Associate specifically requires the licensee to work under supervision, which applies continuously across an associate's transactions rather than only for a first deal or only for a particular property type; the term does not imply autonomous practice.42. South Carolina agency law requires licensees to clarify to consumers which party they represent in a transaction. This requirement primarily exists to:
- A. Replace the need for a written listing or buyer agency agreement
- B. Allow licensees to avoid ever dealing with unrepresented consumers
- C. Guarantee that the represented party receives a lower price or better contract terms
- D. Prevent confusion about whose interests the licensee is legally obligated to protect during the transaction
Show answer & explanation
Answer: D
Agency disclosure exists so consumers understand which party a licensee legally represents and what duties are owed, preventing confusion about loyalty and obligations, but it does not guarantee better financial terms for the represented party, does not let licensees avoid unrepresented consumers altogether, and does not substitute for a proper written agency agreement.43. A closing agent handling a South Carolina real estate transaction discovers a judgment lien against the seller recorded in the public record. Before the closing can proceed cleanly, this lien most likely needs to be:
- A. Voided simply because the sale is proceeding
- B. Automatically transferred to the buyer's responsibility after closing
- C. Ignored, since liens against the seller do not affect the buyer's title
- D. Satisfied or paid off at or before closing so that clear title can pass to the buyer
Show answer & explanation
Answer: D
An outstanding lien against the seller is a claim against the property that must generally be satisfied so that the buyer receives clear, marketable title; such a lien does not simply disappear because a sale occurs, is not automatically shifted onto the buyer, and cannot be ignored since it clouds the chain of title.44. In South Carolina, a licensee may sometimes act as a limited, non-agent facilitator in a transaction rather than as a fiduciary agent for either party. In this non-agency role, the licensee's primary duty to both parties is generally:
- A. Fiduciary loyalty equally split between both parties at all times
- B. No duty of any kind, since no agency relationship exists
- C. Honesty, fair dealing, and disclosure of material facts, without full fiduciary loyalty to either side
- D. Full fiduciary loyalty to whichever party pays the commission
Show answer & explanation
Answer: C
A non-agency or facilitator role still requires basic honesty, fair dealing, and disclosure of material facts to all parties, but without the full fiduciary loyalty that comes with an actual agency relationship; that means duties are not owed solely to whoever pays commission, duties do not vanish entirely, and it is not accurate to describe simultaneous full fiduciary loyalty to both sides since that describes dual agency, not a non-agency role.45. A prospective buyer in Beaufort begins discussing specific price and terms with a licensee for a property, moving beyond casual conversation into substantive negotiation. At this point, South Carolina practice generally expects the licensee to:
- A. Withhold agency disclosure until the closing table
- B. Immediately terminate the conversation until the buyer hires an attorney
- C. Require the buyer to sign a purchase contract before any further discussion
- D. Disclose which party the licensee represents in the transaction
Show answer & explanation
Answer: D
Once discussions move into substantive negotiation of terms, licensees are generally expected to disclose which party they represent so the consumer understands the nature of the relationship, rather than delaying that disclosure all the way until closing, requiring an attorney before continuing, or demanding a signed contract before any further discussion can occur.46. As part of settling an estate in Anderson, the personal representative hires an appraiser to value a commercial building the decedent owned free and clear. Comparable investment sales in the area support a 6% capitalization rate, and the building produces $54,000 in annual net operating income. Applying the income approach, what value should the appraiser report to the probate court?
- A. $90,000
- B. $900,000
- C. $9,000,000
- D. $324,000
Show answer & explanation
Answer: B
Under the income approach, value equals net operating income divided by the capitalization rate; dividing $54,000 by 0.06 correctly yields $900,000. Multiplying the income by 6 instead of dividing produces $324,000, and shifting the cap rate's decimal point the wrong way (treating 6% as 60% or as 0.6%) produces $90,000 or $9,000,000, respectively.47. An Aiken landowner dies without a will and without any surviving relatives who can be located. Under general property law principles, ownership of the land ultimately passes through which process?
- A. Eminent domain
- B. Escheat to the state
- C. Adverse possession
- D. A partition action
Show answer & explanation
Answer: B
Escheat is the doctrine by which property reverts to the state when an owner dies intestate with no ascertainable heirs, preventing land from remaining ownerless; adverse possession requires a claimant's open and hostile use over time, eminent domain requires a government taking for public use with compensation, and partition divides jointly held property among co-owners, none of which fit an heirless estate.48. Priya closes on a condominium unit in Hilton Head. Beyond fee simple title to the unit's interior airspace, which additional ownership interest does she typically receive?
- A. A life tenancy over the building's exterior walls
- B. A rented interest in the building's shared hallways and grounds
- C. An undivided tenancy-in-common share in the building's common elements
- D. A joint tenancy arrangement with the condominium developer
Show answer & explanation
Answer: C
Condominium ownership pairs fee simple title to the individual unit with an undivided tenancy-in-common share in the building's common elements, such as hallways, elevators, and grounds; a rented interest implies a lease rather than ownership, a life tenancy is tied to someone's lifespan, and buyers never become joint tenants with the developer.49. "I found the buyer myself, so you're not owed a thing," a Bluffton homeowner named Wanda tells her listing broker, Reggie, after she personally located a buyer and closed the sale on her own before their exclusive right-to-sell agreement expired. Is Wanda correct?
- A. No — the closing attorney is owed the commission, since Wanda located the buyer without any broker's help
- B. No — but only if Reggie also represented the buyer in the deal
- C. Yes — a homeowner who arranges her own sale owes no commission
- D. No — an exclusive right-to-sell agreement entitles Reggie to a commission no matter who brings the buyer
Show answer & explanation
Answer: D
An exclusive right-to-sell listing guarantees the listing broker a commission on any sale closing during the term, even one the homeowner arranges entirely alone; that outcome differs from an exclusive agency listing, under which the seller keeps the right to sell commission-free, so a self-found buyer would only escape a commission obligation under that alternate arrangement.50. An associate in Aiken collects an earnest money check from a buyer and deposits it directly into the brokerage's own operating account used for daily business expenses. This practice is an example of:
- A. Acceptable as long as the broker later moves the funds within 30 days
- B. A required step before a purchase contract can be considered valid
- C. Commingling of client funds, which is a serious license law violation
- D. Standard industry practice for handling earnest money
Show answer & explanation
Answer: C
Commingling occurs when client trust funds like earnest money are mixed with the brokerage's own operating funds instead of being held in a separate trust or escrow account, and it is treated as a serious license law violation regardless of how quickly funds might later be moved, not a normal or required step in contract formation.51. A Greenville listing agent discovers that the seller's home has a history of chronic water intrusion in the basement. The seller instructs the agent not to mention it to buyers. What should the agent do?
- A. Follow the seller's instruction because the seller is the agent's client
- B. Remain silent because verbal instructions from a client override disclosure duties
- C. Disclose the defect only if a buyer specifically asks about basement moisture
- D. Advise the seller that known material defects generally must be disclosed and decline to conceal them from prospective buyers
Show answer & explanation
Answer: D
A licensee's duty of honesty and fair dealing, along with material-fact disclosure obligations, generally overrides a client's instruction to hide a known defect that could affect a buyer's decision or health and safety; loyalty to a client does not extend to helping conceal material facts, and waiting for a buyer to ask the right question would not satisfy an affirmative disclosure obligation.52. In Spartanburg, an offer to purchase states that the buyer isn't required to proceed unless she secures loan approval within 21 days of acceptance. What is this type of clause called?
- A. A lien subordination clause
- B. A price escalation clause
- C. A liquidated damages provision
- D. A financing contingency
Show answer & explanation
Answer: D
A financing contingency conditions a buyer's performance on obtaining loan approval within a set window, shielding her from being bound if the loan falls through; a liquidated damages provision instead fixes a predetermined remedy for breach, a price escalation clause automatically raises an offer in a bidding situation, and a lien subordination clause concerns priority between lenders rather than a buyer's financing.53. A Charleston metes-and-bounds legal description in a deed begins at an iron pin, runs a series of courses and distances, and returns to the same iron pin. Why is closing back at the starting point essential to this description?
- A. It establishes the property's zoning classification
- B. It satisfies recording requirements for deed indexing
- C. It confirms the boundary forms a complete, enclosed parcel rather than an open-ended line
- D. It determines the property's assessed tax value
Show answer & explanation
Answer: C
A metes-and-bounds description must return to its point of beginning to demonstrate that the boundary lines enclose a complete parcel rather than leaving a gap or an open figure; closing the description has nothing to do with indexing conventions, zoning classification, or how the property is assessed for taxes, which are separate administrative matters.54. In Newberry, a homebuyer's lender mandates private mortgage insurance since her down payment came in under 20% of the sale price. What does this coverage primarily exist to do?
- A. Shield the seller from loss if the buyer backs out before closing
- B. Cover the buyer's losses if the property suffers damage
- C. Guarantee payment of the listing agent's commission
- D. Cover the lender's losses in the event the borrower stops paying
Show answer & explanation
Answer: D
Private mortgage insurance exists to cover the lender, not the borrower, against loss when a smaller down payment raises the risk of default; it offers no protection for the buyer's property, the seller's pre-closing position, or an agent's commission, none of which this coverage is designed to address.55. During a closing in Camden, the closing disclosure lists a credit to the buyer for the earnest money deposit already paid. What effect does this credit have on the cash the buyer must bring to the table?
- A. It raises the amount of cash needed at closing
- B. It lowers the amount of cash needed at closing
- C. It has no bearing on the buyer's closing funds
- D. It gets applied to the seller's net proceeds column instead
Show answer & explanation
Answer: B
Earnest money already paid is credited toward the buyer's total obligation on the closing disclosure, directly shrinking the additional cash she must bring since that portion of the price has effectively been paid already; it would not raise her required funds, leave the total unaffected, or get redirected into the seller's proceeds.56. An associate in Rock Hill posts a for-sale ad on social media for a listed property using only her personal name and phone number, without mentioning her brokerage affiliation at all. This kind of advertisement is generally considered:
- A. A prohibited blind ad because it fails to identify the licensee's brokerage
- B. Required practice to protect the seller's privacy
- C. Acceptable only for rental listings, not sales listings
- D. Fully compliant advertising as long as the associate's name is accurate
Show answer & explanation
Answer: A
License law generally requires advertising to identify the responsible brokerage so consumers know they are dealing with a licensed real estate business; an ad omitting the brokerage name entirely is typically classified as a prohibited blind ad, and using the associate's accurate personal name does not cure that omission, nor is omitting brokerage identity a privacy requirement or a rule limited to rentals.57. An associate in Orangeburg receives an earnest money deposit from a buyer along with a signed purchase contract. Under general trust account handling rules, what should the associate do with the funds?
- A. Hold the check personally until closing to avoid extra paperwork
- B. Deliver the funds promptly to the broker-in-charge for deposit into the proper trust or escrow account
- C. Return the funds to the buyer until the seller signs the contract
- D. Deposit the funds into the associate's personal checking account for safekeeping
Show answer & explanation
Answer: B
Earnest money must be handled promptly according to trust account rules and turned over to the broker-in-charge for proper trust or escrow deposit rather than held personally by the associate or deposited into a personal account, which would itself be a form of commingling; holding funds pending seller signature is not the standard handling requirement described here.58. A rental listing in Rock Hill states it is ideal for a single professional and requests no families. Under federal fair housing law, this advertisement is problematic because:
- A. It expresses a preference that excludes applicants based on familial status, a protected class
- B. It is permissible because landlords may specify any tenant preference they choose
- C. It only violates state, not federal, law
- D. It is illegal only if a family actually attempts to apply and is rejected
Show answer & explanation
Answer: A
Fair housing law prohibits advertisements that indicate a preference or limitation based on a protected class such as familial status, and the violation occurs from the statement itself, not only if an actual family later applies and is rejected; this is a matter of federal law as well as often state law, and landlords may not specify preferences based on protected classes.59. A person without any real estate license in South Carolina regularly negotiates purchase offers and collects a fee for helping people buy homes. Under state real estate license law, this activity is most likely:
- A. Permitted, as long as the fee charged is disclosed to both parties in writing
- B. Unlawful practice of real estate without a license, subject to enforcement by the Real Estate Commission
- C. Permitted only in transactions involving property valued under a certain threshold
- D. Permitted, because only listing property for sale requires a license, not negotiating offers
Show answer & explanation
Answer: B
Negotiating real estate transactions for compensation is a licensed activity, and performing it without a license generally constitutes unlawful practice subject to Commission enforcement; disclosure of a fee does not cure the lack of a license, negotiating rather than merely listing requires licensure, and there is no such value-threshold exemption implied here.60. The South Carolina Real Estate Commission investigates a licensee for repeatedly mishandling client trust funds. Which type of action does the Commission have authority to take against the licensee's license?
- A. A criminal indictment, which only a court can pursue, with no involvement from the Commission
- B. Disciplinary action, which may include suspension or revocation of the license
- C. Only a civil lawsuit filed by the injured client, since the Commission has no disciplinary power
- D. A refund order requiring the client's brokerage to pay damages directly
Show answer & explanation
Answer: B
State real estate commissions typically have statutory authority to investigate licensees and impose disciplinary sanctions such as suspension or revocation for violations like trust fund mishandling; this disciplinary authority exists independently of any separate civil lawsuit a client might file, is distinct from criminal prosecution which is a court and prosecutor function, and is not limited to ordering direct refunds.61. At closing on a South Carolina home sale, the settlement statement itemizes charges such as prorated property taxes, recording fees, and loan payoff amounts. The primary purpose of this settlement statement is to:
- A. Replace the deed as the official document that transfers ownership of the property
- B. Serve only as a marketing summary for the closing attorney's file
- C. Guarantee that neither party will incur any future property-related expenses
- D. Provide a clear, itemized accounting of all financial credits and debits so both buyer and seller can review exactly what they are paying or receiving at closing
Show answer & explanation
Answer: D
The settlement statement's role is to transparently itemize the debits and credits each party owes or receives at closing so both sides can verify the numbers, whereas ownership actually transfers via the recorded deed rather than the settlement statement, the statement is a financial accounting document rather than a marketing piece, and it does not shield either party from future property-related costs like taxes or maintenance.
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2026 statistics
Key facts: South Carolina Real Estate exam
The South Carolina Real Estate is administered by South Carolina Real Estate Commission (Department of Labor, Licensing and Regulation), with 120 scored questions, a 3 hours 20 minutes time limit and a 70% on each portion (national 56 of 80; state 28 of 40) result.
This free South Carolina Real Estate practice test has 61 original questions written to South Carolina Real Estate Commission (Department of Labor, Licensing and Regulation)'s official content outline, last checked against it on August 10, 2026. Every question shows a worked explanation, and nothing here requires a signup.
As of 2026, the South Carolina Real Estate exam fee is $63 (both portions; $55 when retaking a single portion).
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Official sources
Every exam fact on this page traces to a primary document published by the body that administers the exam.
- South Carolina Real Estate Candidate Information Bulletin (PSI Services LLC, updated 1/1/2026)South Carolina Real Estate Commission (S.C. Department of Labor, Licensing and Regulation)test-takers.psiexams.com
- Associate License Requirements and Application Process Overview (SC Real Estate Commission, v2.2)South Carolina Real Estate Commission (S.C. Department of Labor, Licensing and Regulation)llr.sc.gov
- SC Real Estate Commission Fees (Rev. 2/20)South Carolina Real Estate Commission (S.C. Department of Labor, Licensing and Regulation)llr.sc.gov
- SC Code of Laws, Title 40, Chapter 57 — Real Estate Brokers, Brokers-in-Charge, Associates, and Property ManagersSouth Carolina Real Estate Commission (S.C. Department of Labor, Licensing and Regulation)scstatehouse.gov
- South Carolina Real Estate Commission — Associate LicensureSouth Carolina Real Estate Commission (S.C. Department of Labor, Licensing and Regulation)llr.sc.gov
Last verified against the official exam content outline:
Frequently asked questions
How many questions are on the South Carolina Associate real estate exam?
The Associate license exam has 120 total questions, split into an 80-question national portion and a 40-question South Carolina state portion. Practicing with separate national and state question sets mirrors how the real exam is structured.
What score do I need to pass on a practice test to be exam-ready?
Aim to consistently score at least 56 out of 80 on national-portion practice questions and 28 out of 40 on state-portion questions, since those are the actual passing thresholds on the real exam. Hitting those marks with room to spare on practice sets is a good sign you're ready to schedule the real thing.
What topics should a South Carolina Associate practice test cover?
Strong practice coverage includes South Carolina Real Estate Commission licensing requirements, statutes governing licensees and non-licensees, agency and non-agency relationship rules, closing details, and additional South Carolina statutes and topics. These state-law areas carry real weight on the actual state portion of the exam.
Is this South Carolina Associate practice test free and does it require signup?
Yes, the practice questions here are free to use and don't require creating an account or entering payment information.
How should I use practice questions to prepare for the real exam?
Work through practice questions in timed blocks that mirror the real exam's structure, then review every missed question against South Carolina real estate law rather than just memorizing the correct letter. Retaking sets after a few days helps confirm you're retaining the material instead of just recognizing questions.
Do I need to practice both the national and state portions equally?
Both portions count toward licensure, but many candidates find the South Carolina-specific state portion, covering the state's own statutes and commission rules, less familiar than the national real estate principles portion. Spending extra practice time on state-specific topics like closing details and licensing requirements is a common strategy.