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H. 4361
STATUS INFORMATION
General Bill
Sponsors: Rep. Huggins
Document Path: l:\council\bills\ms\7039mm06.doc
Companion/Similar bill(s): 993
Introduced in the House on January 10, 2006
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Real estate appraisal services
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/7/2005 House Prefiled
12/7/2005 House Referred to Committee on Labor, Commerce and Industry
1/10/2006 House Introduced and read first time HJ-44
1/10/2006 House Referred to Committee on Labor, Commerce and Industry
HJ-45
3/29/2006 House Member(s) request name removed as sponsor: Bailey
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-220 SO AS TO DEFINE "REASONABLE CHARGES" FOR REAL ESTATE APPRAISAL SERVICES, TO PROVIDE FOR A CAUSE OF ACTION AGAINST A PERSON WHO WILFULLY FAILS TO PAY FOR THE SERVICES OF A REAL ESTATE APPRAISER, AND TO PROVIDE FOR LIQUIDATED DAMAGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 60 of Title 40 of the 1976 Code is amended by adding:
"Section 40-60-220. (A) For purposes of this section 'reasonable charges' means the usual and customary charges for the region for real estate appraisal services.
(B) Unless otherwise agreed to orally or in writing, a person engages in the uncompensated receipt of real estate appraisal services if the person wilfully and knowingly:
(1) secures performance of real estate appraisal services that are provided only for compensation; and
(2) does not remit payment to the real estate appraiser.
(C) If a person fails to pay the reasonable charges within ninety days for real estate appraisal services provided, a real estate appraiser may bring an action against a person for failure to pay the reasonable charges and may claim liquidated damages as an additional remedy. The liquidated damages must be alleged in accordance with the following:
(1) for a first occurrence by a person, actual charges for the real estate appraisal services plus ten percent of actual damages;
(2) for a second occurrence by the same person, actual charges for the real estate appraisal services plus twenty percent of actual damages; or
(3) for a third or subsequent occurrence by the same person, actual charges for the real estate appraisal services plus thirty percent of actual damages.
(D) It is a defense to an action brought pursuant to this section if the real estate appraiser services were not rendered in a competent manner by the real estate appraiser or the real estate appraisers services failed to meet accepted standards for similar real estate appraisal services.
(E) The remedy provided in this section is in addition to, and cumulative of, other remedies provided at law."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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