South Carolina, Maryland and Massachusetts Real Estate Forms Are Live

The Real Estate Forms Library just crossed the East Coast again. South Carolina, Maryland, and Massachusetts state editions are live today, bringing the library to 19 states and 228 state-specific products. Every one of the twelve core forms now exists in a version drafted around each state's own license law, agency-disclosure rules, and property-disclosure regime, with the right statutory references in the right places and the generic language stripped out.

These three states are a useful trio precisely because they disagree with each other. South Carolina runs a modern statutory agency system with a mandatory brochure and a statutory seller disclosure form. Maryland keeps dual agency at the broker level only and pairs it with its own statutory consumer-relationship disclosure and a seller disclosure-or-disclaimer election. Massachusetts requires a licensee-consumer relationship disclosure by regulation, permits dual and designated agency with written consent, and then, on the seller-disclosure side, is one of the last true caveat emptor jurisdictions in the country. A form that works in one of these states is actively wrong in the other two.

Why generic templates fail in these three states

Generic real estate templates tend to be built around a national average that does not exist. They assume there is a single "agency disclosure" that gets signed at some point, that the seller fills out a property condition statement because that is what sellers do, and that dual agency is either allowed or not. None of those assumptions survive contact with South Carolina, Maryland, or Massachusetts.

In South Carolina, the Real Estate License Law in S.C. Code Title 40, Chapter 57 requires a licensee to provide the Commission's Agency Disclosure Brochure at the first substantive contact with a consumer, before any confidential information changes hands. A generic form that bundles the disclosure into the listing or buyer agreement arrives weeks too late. South Carolina also recognizes both dual agency and designated agency, but only with written informed consent, and the Residential Property Condition Disclosure Act in S.C. Code Title 27, Chapter 50 requires the seller's statement to be delivered before the buyer is bound by a contract. Timing is the whole point, and a template with no timing language misses it.

Maryland takes a different road. The Maryland Real Estate Brokers Act in Business Occupations and Professions Title 17 does not allow an individual licensee to be a dual agent in the ordinary sense. Dual agency exists only at the brokerage level, where the broker is the dual agent and designates separate intra-company agents to represent the buyer and the seller. The consent form the state expects is the "Consent for Dual Agency" with its intra-company agent designation, and the consumer-facing disclosure is the "Understanding Whom Real Estate Agents Represent" form that must be presented at the first scheduled face-to-face contact. A generic "dual agency consent" that lets a single agent represent both sides describes a structure Maryland does not permit.

Massachusetts is different again. Under 254 CMR 3.00, the Board of Registration's regulations, a licensee must provide the Mandatory Licensee-Consumer Relationship Disclosure at the first personal meeting to discuss a specific property. Dual agency and designated agency are both permitted with written, informed consent, and the state's standard consent language covers both. But Massachusetts has no statutory seller property disclosure form. The common-law rule is caveat emptor, tempered by the licensee's own duty to disclose known material defects and by Chapter 93A, the consumer protection statute, which exposes brokers and sellers acting in trade or commerce to multiple damages and attorney's fees for unfair or deceptive conduct. Layered on top are state-specific items that do not appear anywhere else: the Title 5 septic inspection requirement, the Massachusetts lead paint notification and certification for pre-1978 housing, and the smoke and carbon monoxide detector certificate required at closing. A generic seller disclosure form that quietly implies a statutory obligation, or omits Title 5 and the smoke certificate, is not merely incomplete. It can create a Chapter 93A problem of its own.

What just went live in South Carolina

South Carolina's framework is statutory, specific, and built around early disclosure. The South Carolina editions reflect that at every step.

The Exclusive Right to Sell Listing Agreement is drafted around the written-agency requirement in Chapter 57, with a definite termination date, a clear compensation structure that keeps the broker rather than the agent as the party to the agreement, and an acknowledgment that the Agency Disclosure Brochure was delivered at first substantive contact. The Exclusive Buyer Representation Agreement mirrors that structure on the buyer side, including the single-agency default and an explicit path to designated agency if the buyer later becomes interested in an in-house listing.

The Dual Agency Informed Consent explains the difference between dual agency and designated agency in plain language, since South Carolina permits both, and captures the written consent that the statute requires from every client before either structure takes effect. The Seller Property Condition Disclosure follows the Residential Property Condition Disclosure Act, is drafted for delivery before the buyer signs a contract, and includes the statutory exemptions and the buyer's acknowledgment of receipt. The Lead-Based Paint Disclosure implements the federal rule for pre-1978 housing with the South Carolina edition's agent-certification block.

Transaction-stage documents round out the set: the Counteroffer Form, the Addendum to Purchase Agreement, and the Termination of Listing Agreement, which handles early release and protection-period carryover. On the brokerage side, the Independent Contractor Agreement, the Real Estate Team Agreement, the Referral Agreement, Broker to Broker, and the Commission Disbursement Authorization are each drafted around the rule that compensation flows through the broker in charge, never directly to an associated licensee.

What just went live in Maryland

Maryland's distinctive feature is the broker-level dual agency structure, and the Maryland editions are built around it rather than against it.

The dual-agency product carries a Maryland-specific title: Consent for Dual Agency & Intra-Company Agent Designation. It is drafted so that the broker is the dual agent, the two intra-company agents are named and designated, and each client acknowledges in writing what the broker can and cannot do once dual agency begins. That consent is paired in the listing and buyer agreements with an acknowledgment that the "Understanding Whom Real Estate Agents Represent" disclosure was provided at the first scheduled face-to-face contact, which Title 17 and the Commission's regulations require.

The Exclusive Right to Sell Listing Agreement includes Maryland's written-brokerage-agreement requirements, a definite term, and compensation language that references the broker's right to a commission without attempting to recite the state's commercial lien statute, which is limited to commercial transactions. The Exclusive Buyer Representation Agreement follows the same pattern for buyers and includes the presumed-buyer's-agent and intra-company agency pathways.

The Seller Property Condition Disclosure is built around Real Property § 10-702, which gives the seller of a single-family residence an election: complete the disclosure statement, or deliver a disclaimer statement selling the property "as is" without representations, in either case before a contract is signed, with the buyer's rescission right if the statement is delivered late. The edition handles the election itself rather than forcing the seller into one path. The Lead-Based Paint Disclosure adds the Maryland Department of the Environment registration and rental-property context that Maryland licensees deal with on pre-1978 housing.

Transaction forms include the Counteroffer Form, the Addendum to Purchase Agreement, and the Termination of Listing Agreement. Brokerage operations forms include the Independent Contractor Agreement, the Real Estate Team Agreement, which reflects Maryland's team-advertising and team-leader rules, the Referral Agreement, Broker to Broker, and the Commission Disbursement Authorization.

What just went live in Massachusetts

Massachusetts combines a regulatory disclosure regime with a common-law property-condition regime, and the editions are drafted for both halves.

The dual-agency product carries the Massachusetts title Consent to Dual Agency / Designated Agency. Under 254 CMR 3.00, both forms of representation require written informed consent, and the Massachusetts edition presents them as alternatives on a single consent, so a brokerage that uses designated agency as its default is not stuck with language built for a single dual agent. The Exclusive Right to Sell Listing Agreement and the Exclusive Buyer Representation Agreement both include an acknowledgment that the Mandatory Licensee-Consumer Relationship Disclosure was provided at the first personal meeting to discuss a specific property, and both include the compensation and term provisions the regulations expect in a written agreement.

The Seller Property Condition Disclosure required the most care. Massachusetts does not require a statutory seller disclosure, so the edition is drafted as a voluntary disclosure that says so, explains the caveat emptor baseline, and makes clear that the seller is not obligated to complete it. At the same time, it is built so that if the seller does complete it, the statements are accurate and specific enough not to create Chapter 93A exposure for a broker who passes them along. It includes dedicated sections for the Title 5 septic system status, the smoke and carbon monoxide detector certificate, and the Massachusetts lead paint notification, because those are the items that actually generate claims in this state. The Lead-Based Paint Disclosure implements both the federal rule and the Massachusetts Lead Law's notification and certification requirements for pre-1978 property, including the buyer's right to a lead inspection.

Transaction forms include the Counteroffer Form, the Addendum to Purchase Agreement, which is drafted with the Massachusetts offer-to-purchase-then-purchase-and-sale sequence in mind, and the Termination of Listing Agreement. Brokerage forms include the Independent Contractor Agreement, the Real Estate Team Agreement, the Referral Agreement, Broker to Broker, and the Commission Disbursement Authorization.

What stayed out, on purpose

As with every prior state, the library does not reproduce association forms. The South Carolina REALTORS, Maryland REALTORS, and Massachusetts Association of REALTORS each publish copyrighted contract libraries for their members, and the Greater Boston Real Estate Board has its own long-standing purchase and sale form. Those are not here, and nothing in these editions is derived from them. The library also does not reproduce the state-published disclosure forms themselves: the South Carolina Agency Disclosure Brochure, the Maryland "Understanding Whom Real Estate Agents Represent" form, and the Massachusetts Mandatory Licensee-Consumer Relationship Disclosure are official documents that licensees obtain from the Commission or Board. The editions here reference those documents, build acknowledgments around them, and sequence the transaction so they are delivered when the law requires, but they do not substitute for them.

The purchase and sale agreement itself is also still outside the library. In Massachusetts in particular, the two-step offer and purchase-and-sale practice is heavily attorney-driven, and the standard forms are deeply entrenched. The addendum and counteroffer editions are drafted to attach to whatever primary contract the parties use.

Electronic signatures and the statute of frauds

All three states have adopted the Uniform Electronic Transactions Act. Maryland's version lives in the Commercial Law Article, South Carolina's in Title 26 of the Code, and Massachusetts's in Chapter 110G of the General Laws. In each, a signature may not be denied legal effect solely because it is electronic, and the federal E-SIGN Act supplies a backstop for interstate transactions. Every edition includes a consent-to-electronic-signatures clause and an attribution block so that an e-signed listing, buyer agreement, or consent form is enforceable on its face.

The statute of frauds still matters. Each state requires contracts for the sale of land to be in writing and signed by the party to be charged, and South Carolina and Maryland both require brokerage agreements to be written as a licensing matter. Massachusetts's regulations expect written buyer and seller agreements as well. The editions are written to satisfy those requirements whether they are signed on paper or on a screen, and the drafting notes flag the places where a particular initial or date is the thing a court will look for.

Independent contractors and broker lien law

The independent contractor editions carry the most state-specific weight of the brokerage forms. Massachusetts is the clearest example. Chapter 149, § 148B sets out one of the strictest independent-contractor tests in the country, and under it most salespeople would be employees. The legislature responded with Chapter 112, § 87RR, which allows a real estate salesperson to be affiliated with a broker as an independent contractor notwithstanding § 148B, provided the relationship is set out in a written agreement. The Massachusetts Independent Contractor Agreement is drafted to fit squarely inside that safe harbor, and the drafting commentary explains why the written agreement is the difference between a compliant affiliation and a wage-and-hour exposure.

South Carolina and Maryland both treat the salesperson as acting under the broker's license and supervision, and both allow independent contractor status for tax and employment purposes when the written agreement and the actual relationship line up. The South Carolina and Maryland editions address supervision, licensing obligations, errors-and-omissions coverage, and what happens to pending transactions and commissions when the affiliation ends.

On broker liens, the three states diverge. Maryland's commercial real estate broker lien provisions are limited to commercial transactions and do not reach residential listings. South Carolina has no general broker lien statute, and Massachusetts's commercial broker lien law likewise applies only to commercial property. The listing agreements in all three states therefore rely on contract rather than lien: a clear compensation clause, a protection period, and a termination form that preserves earned commissions, rather than a lien recital that would be unenforceable on a residential deal.

Using the new editions responsibly

Every edition is a drafted template with commentary, not legal advice for a particular transaction. The commentary tells you what each clause is doing and which statute or regulation it is responding to, so that you can decide whether it fits your situation and whether your broker's policies require a change. In Massachusetts especially, the purchase and sale stage is attorney territory, and the voluntary seller disclosure should be used in consultation with the seller's counsel when there is any doubt about a known defect. In Maryland, the dual agency consent should be reviewed against your brokerage's intra-company agency policy, and in South Carolina the timing of the brochure and the disclosure statement should be confirmed against the Commission's current guidance.

Licensing law changes. Where the editions cite a statute or regulation by number, those citations are current as of drafting, and where the law is in flux, the commentary says so rather than guessing. If your broker, your local board, or your attorney tells you a form needs a change for your market, make the change.

Format and pricing

Each edition is delivered as a print-ready PDF with fill-in-the-blank fields, signature blocks, drafting commentary, and disclaimers. You can browse the full catalog on the forms library page, including every state edition of the Exclusive Right to Sell Listing Agreement, the Dual Agency Informed Consent, the Seller Property Condition Disclosure, and the Independent Contractor Agreement. Each form page lists the states currently available and links to the matching state edition.

What's next

With South Carolina, Maryland, and Massachusetts live, the library covers 19 states: California, Texas, Florida, New York, Georgia, New Jersey, Arizona, Illinois, North Carolina, Pennsylvania, Virginia, Washington, Colorado, Michigan, Ohio, Tennessee, and now South Carolina, Maryland, and Massachusetts. The expansion continues in order of agent population with Indiana, Minnesota, Wisconsin, and Missouri next, then the remaining states, with the District of Columbia last. Once all 51 jurisdictions are covered, the library shifts from adding states to adding form types: escalation addenda, escrow instructions, open house sign-in and liability waivers, FSBO commission agreements, lease listing agreements, and property management agreements, each drafted state by state on the same pattern. If you work in South Carolina, Maryland, or Massachusetts, the state editions you need are live today.