SC BAR

The Real Estate Practices Section Council met this date via conference call. Participating members included Robert L. Buchanan Jr, Paul Dillingham, Anne S. Ellefson, Charles E. Hedgepath, William O. Higgins, Robert W. Lowman Jr., Lynn G. Stevens and Donald B. Wildman. Representing the Bar staff were Angie Kohel and Tara Smith.

 

Chairperson Lowman called the meeting to order.

 

The first item of business was approval of the minutes from the January 24, 2006, meeting. Mr. Lowman moved approval of the minutes. The motion was seconded, and it was approved.

 

The next item of business was discussion on proposed legislation to H.4877, mortgages/liens and H.4892, real estate licensee.  Mr. Lowman presented an overview of the proposed bills. After continued discussion, the Council expressed its concern with the language of both pieces of legislation. It was the consensus of the Council that further study was needed to both of the proposed bills. Mr. Higgins and Mr. Wildman agreed to compile the Council’s recommendations and submit a request to the Board of Governors for consideration at its April 13 meeting.

 

Next, Mr. Lowman announced that the Residential Real Estate Update seminar was scheduled for May 12, 2006, at the USC School of Law. He encouraged Council participation.

 

In the next item of business was discussion on the 2007 Bar Convention. Mr. Lowman reported that the CLE Conventions Committee had asked that each section designate a CLE Chair for the upcoming 2007 Bar Convention. It was recommended that Susan Davis serve as the Section CLE Chair. Ms. Smith was to verify her interest. It was noted that if Ms. Davis was unavailable that Ms. Stevens would serve in this position.

 

Next, Ms. Stevens reported that she continued to compile information regarding the standardized real estate forms. She was to email a comparison chart that highlighted the major differences among the statewide forms to the Council for its input. 

It was noted that a copy of the S.C. Society of Professional Land Surveyors letter was emailed to the Council for review prior to the meeting. The cease and desist letter claimed copyright infringement against people who had made copies of plats. After continued discussion, Ms. Smith was asked to contact the Intellectual Property and Unfair Trade Practices Committee for its comments

 

In closing, Mr. Higgins presented an overview of the subcommittee meetings with the S.C. Bankers Association and other participating lenders. He noted that the subcommittee was in the process of drafting documentation concerning the unauthorized practice of law but was awaiting feedback from several law professors. It was suggested the following committees be approached for input on the draft: Ethics Advisory, Professional Responsibility, and the Unauthorized Practice of Law.

 

There being no further business, the meeting was adjourned.