Greenville’s Contract Is Super Weird

Greenville real estate has its quirks, but nothing surprises newcomers quite like the inspection-and-repairs section of South Carolina’s standard purchase agreement. It’s where expectations collide with fine print, where timelines matter down to the day, and where one overlooked checkbox can flip a deal from flexible to unforgiving.

This episode of Selling Greenville unpacks what actually happens inside South Carolina’s Form 310—the widely used contract issued by the South Carolina Realtor Association—and why the Upstate’s default practices can feel, well… super weird. It also explains why a once-popular “simplified” alternative has largely disappeared from local use, and how that leaves buyers and sellers working within three choices that behave very differently: As Is, Due Diligence, and the Repair Procedure.

What follows is a practical, plain-English guide drawn directly from the episode—no legal interpretation, just on-the-ground realities that trip up people every week in Greenville.

Greenville’s Contract Is Super Weird

At the heart of the weirdness is Section 8 of Form 310. There are three checkboxes—Repair Procedure, Due Diligence, and As Is—and exactly one is supposed to be selected. If somehow none is checked, the contract defaults to As Is (the harshest path for a buyer). If multiple boxes get checked, only the top-most checked option applies in this order: Repair Procedure → Due Diligence → As Is.

That small drafting choice matters. It quietly decides who has leverage, what can be negotiated, and when earnest money is at risk. The episode walks through each path in detail.

The Three Paths Most People Don’t Realize They’re Choosing

1) “As Is”: Inspections Allowed, But They Don’t Rescue You

“As Is” means exactly that: the buyer can inspect, but if they want out based on what they find, they forfeit earnest money (unless a different, unrelated contingency applies). It’s rare locally—think aggressive, often cash buyers, trying to look irresistible in competition.

Nuances the episode flags:

• You can still include other stand-alone contingencies (e.g., an appraisal contingency). If that separate contingency isn’t met, an “As Is” buyer may still exit without losing earnest money.

• There’s also a narrowly tailored move buyers sometimes use on investment properties: combining “As Is” with a CL-100/wood-destroying-organisms check focused on the crawlspace (termites, mold, etc.). That single contingency can be the one allowed “escape hatch,” even while the rest is “As Is.”

2) “Due Diligence”: Freedom For The Buyer—And Sellers Notice

Under Due Diligence, buyers can terminate for any reason within the period and get their earnest money back—unless a separate termination fee is written in. That fee (distinct from earnest money) is paid if the buyer walks during the due diligence window; after the window closes, backing out typically puts earnest money at risk.

Key wrinkles straight from the episode:

• All renegotiations must be finished before the period ends. There’s no separate “response clock.” If the period expires without a signed amendment, the deal converts to As Is on the original terms.

• Sellers often dislike this option for normal, move-in-ready homes. In competitive situations, a due diligence clause can lose to an “As Is” or Repair-Procedure offer.

• Due Diligence is used most often with investment properties or complex situations (leases to review, easements to study, structural questions to engineer, etc.).

• Some sellers expect a Due Diligence Termination Fee (e.g., $250–$1,000+) so the buyer has “skin in the game” if they walk during the period.

3) The Repair Procedure: Greenville’s Default—And Where Things Get Messy

This is the path on most contracts in the Upstate. It gives buyers an inspection window to create a specific list of repairs, and it obligates sellers to fix only a narrow set of items. Everything else is either negotiable or not required at all.

What the seller must make operable or address (as the contract’s boilerplate defines it):

• Heating systems

• Air conditioning systems

• Electrical systems

• Plumbing systems

• Water supply and waste systems

• Roof: made free of leaks (not necessarily replaced)

• Environmental concerns (examples noted in the episode: mold and radon)

• Make the improvement structurally sound (think broken rafters, failing foundation peers, and the like)

A few realities from the episode’s lived experience:

• “Operable” is interpreted narrowly. An A/C that cools poorly may still be deemed operable, and therefore not a mandatory seller repair.

• Appliances aren’t covered in the boilerplate. If you want them working, write it in up front.

• Example of what’s not automatically covered: doors that don’t close just right on new construction—unless tied to a real structural issue.

What the contract explicitly says are not seller-paid repairs:

• Home maintenance

• Flooring

• Fogged windows

• Grandfathered code issues (e.g., ungrounded outlets, thin attic insulation in older homes)

• Landscaping

• Preventative maintenance

• Cosmetic changes

• Home improvement

• Energy efficiency upgrades

Because of these carve-outs, repair lists can quickly become a tense dance. The episode’s advice is human: when the fixes are small and reasonable, smart sellers often just handle them to keep goodwill intact—because once either side feels the other is being petty, everything gets colored by that feeling.

The Timers That Trip People Up (And Default You To “As Is”)

Under the Repair Procedure, there are two critical dates:

1. Buyer’s Deadline to finish inspections and deliver the repair request.

2. Seller’s Deadline (often a few days later) to agree or not agree on those requests.

If the seller doesn’t respond on time, or doesn’t agree to items the boilerplate requires, the buyer then has two calendar days to choose one of three paths:

• Accept the property as it is,

• Negotiate and sign an amended contract, or

• Terminate.

If the buyer does nothing within those two days, the contract automatically becomes “As Is.” That single rule explains more misunderstandings (and heartbreak) than almost anything else.

Why Greenville Ended Up Here

Form 310 is the statewide standard, but the Upstate has history. Years back, one local brokerage authored a “simplified” contract that cleaned up the inspection/repairs wrangle. Even without office branding on it, rival firms resisted. In practice, most of the market now insists on Form 310—which is why Section 8’s three boxes and the Repair Procedure’s timelines rule the day.

And that’s also why “Greenville’s contract is super weird” isn’t just a catchy line; it’s the everyday experience of buyers and sellers discovering the rules mid-flight.

Where Deals Most Often Go Sideways

The episode calls out two consistent friction points:

• For-Sale-By-Owner and fee-for-service listings (where the listing “agent” pushes communication straight to the seller). Without an agent versed in local norms shepherding the Repair Procedure, confusion and missed deadlines are common.

• Over-reaching repair lists. Remember: the boilerplate limits what sellers must do. Ask for everything, and you risk getting nothing—or worse, souring the tone of the entire transaction.

Quick Reference: Which Box Should You Check?

• As Is: Use when you’re trying to look unbeatable in competition, you’re fine risking earnest money, and you don’t need seller repairs. Cash offers live here most comfortably.

• Due Diligence: Use when you need broad flexibility to study a property (often investments), understand the renegotiation must finish before the period ends, and accept that some sellers will decline this path. Consider a termination fee to make the offer palatable.

• Repair Procedure: Expect this to be the default on most normal homes. Study the must-fix list, write in anything else you care about (like appliances), and calendar the deadlines so the deal doesn’t auto-flip to “As Is.”

Timestamp Note From The Episode

This breakdown mirrors the contract as recordedon  August 18, 2020, in the episode. Language may evolve; always confirm the current form before you write or accept terms.

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Bottom Line

Greenville’s contract is super weird because a single section—three boxes—silently chooses who holds leverage and when money is at risk. “As Is” is blunt, “Due Diligence” is sweeping but time-boxed, and the “Repair Procedure” is the everyday maze most locals navigate, complete with narrow seller obligations, explicit carve-outs, and unforgiving timers. Know which box you’re checking, know what that box actually means, and put the dates on a big, bold calendar. That’s how you keep a Greenville deal smooth.

Ien Araneta

Journal & Podcast Editor | Selling Greenville