Dishin' Dirt with Gary Pickren

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Compass CEO Robert Reffkin is taking on the MLS system—and California Regional MLS (CRMLS) just fought back with a federal lawsuit. But this battle could change how real estate is bought and sold across America.

Is this really about seller choice, or is Compass trying to force the entire real estate industry to operate under its preferred rules?

In this explosive episode of Dishin' Dirt, South Carolina real estate attorney Gary Pickren breaks down the escalating battle between Compass and California Regional MLS, including Reffkin's threats of antitrust lawsuits, his controversial appearance before MLS executives, and CRMLS's decision to take the fight to federal court.

But the bigger question is what happens if Compass wins.

Could one national brokerage force local MLS organizations across the country to change their cooperation rules—even when the other participating brokers disagree?

And could the consequences eventually reach South Carolina?

In this episode, we cover:

• Why Compass threatened California Regional MLS with antitrust litigation
• What happened when Robert Reffkin confronted MLS executives at a national conference
• Why CRMLS filed a federal lawsuit against Compass
• The controversy surrounding Compass private listings, office exclusives, and coming-soon marketing
• Why Compass wants greater control over how MLS data is distributed
• The potential contradiction between Compass's demands for listing freedom and its efforts to restrict certain uses of MLS data
• How a Compass victory could affect MLS organizations nationwide
• Why independent brokerages and smaller real estate companies should pay attention
• The potential consequences for buyers, sellers, competition, and listing transparency
• What South Carolina real estate agents need to understand about fiduciary duties and limited market exposure

THE BIG QUESTION:

If Robert Reffkin wants Compass to operate differently, that's his business. But should one brokerage be able to force every other broker's MLS to operate the way Compass wants?

This isn't just a California lawsuit. It's a battle over who controls real estate listings, who establishes the rules of cooperation, and whether the future of real estate will be an open cooperative marketplace or a collection of brokerage-controlled listing networks.

The outcome could affect every real estate professional in America.

What do YOU think?

Should Compass be allowed to publicly market listings outside the MLS while continuing to benefit from the listings other brokers contribute?

Or should MLS organizations be allowed to enforce reciprocal cooperation rules?

Tell me in the comments. I want to hear from agents, brokers, MLS executives, and consumers.

👍 LIKE this video if you believe real estate professionals need to understand this issue.

💬 COMMENT with your opinion on the Compass vs. MLS battle.

🔔 SUBSCRIBE for real estate legal analysis, industry controversies, South Carolina real estate law, and the issues shaping the future of real estate.

Gary's Series Before You Can Sign can be found here.
https://www.youtube.com/@SCPropertyEstate

This episode provides legal commentary and analysis. Allegations in pending litigation are disputed and have not been established by a final court ruling.

#Compass #RobertReffkin #CRMLS #RealEstateNews #RealEstateLaw #MLS #PrivateListings #DishinDirt #SouthCarolinaRealEstate

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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Real estate agents say a lot of things with confidence. The problem is, confidence does not make something true.

In this episode of Dishin’ Dirt, Gary Pickren breaks down 10 of the dumbest, most dangerous, and most commonly repeated things real estate agents say—and explains why they can create legal problems, contract disputes, ethics issues, and bad outcomes for clients.

We cover:

• “It’s Coming Soon, so some buyers can see it but others can’t.”
• “You have to guarantee buyer-agent compensation.”
• “Our standard commission is…”
• “We terminated during due diligence, we just didn’t send the termination fee.”
• “Don’t send me the inspection report because I don’t want to know.”
• Why the argument for private exclusives gets harder to defend when most eventually end up on the MLS anyway.
• “I don’t know if the earnest money was ever deposited.”
• “The appraisal came in low, so the seller has to lower the price.”
• “The seller has to fix it because it’s not up to code.”
• And the classic: “Don’t worry about what the contract says. We do it this way all the time.”

The common theme is simple: real estate professionals have to stop repeating bad information just because they heard another agent say it.

Read the contract. Know the law. Understand your agency duties. Explain the options. And when you do not know the answer, say, “I don’t know. Let me find out.”

That answer is a lot safer than confidently giving your client the wrong one.

If you are a real estate agent, broker, lender, closing attorney, buyer, or seller, this episode will help you understand the mistakes that can derail a transaction—and how to avoid them.

Subscribe to Dishin’ Dirt for more real estate law, contracts, risk management, industry news, and practical advice for real estate professionals.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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Real estate agents talk constantly about fiduciary duty—loyalty, disclosure, reasonable care and putting the client's interests first.

But does the real estate industry actually practice what it teaches?

In this episode of Dishin' Dirt, Gary Pickren takes a hard look at the conflicts between fiduciary duty and the way real estate professionals actually make money.

The Sitzer/Burnett case was an antitrust case, but the compensation system it challenged raises a much bigger question: Was guaranteeing buyer-agent compensation really in the seller's best interest—or was it simply good for the industry?

And after Sitzer, have we really changed?

Gary examines:

• Broker-to-broker compensation and why South Carolina REALTORS changed its forms
• Whether compensation should be negotiated as part of the offer
• Private and office-exclusive listings
• The South Carolina Real Estate Commission's limited-market-exposure guidance
• Research comparing private listings with broadly marketed properties
• Why brokerages want to control listings and consumer data
• Dual agency and the financial incentive to capture both sides
• Steering, affiliated services and other everyday conflicts of interest
• Why getting a client's signature isn't necessarily informed consent
• Why "it's legal" isn't the same as "it's in my client's best interest"
• What the next generation of real estate litigation could look like

Throughout the episode, Gary proposes one simple test every real estate professional should use:

WHO BENEFITS?

And an even harder question:

If your compensation disappeared from the decision, would you give your client the exact same advice?

Because fiduciary duty isn't really tested when doing the right thing also makes you money.

It's tested when putting your client first costs you something.

If the real estate industry wants consumers to view agents as trusted advisors, this is a conversation we need to have.

🎙️ Dishin' Dirt with Gary Pickren

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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Your fiduciary duty does NOT mean you work for free.

Real estate agents hear it constantly: Your client's interests come first. That's absolutely true—but somewhere along the way, some agents began interpreting fiduciary duty to mean they must give up their commission, contribute money to save a deal, or surrender the contractual rights they negotiated with their client.

That's not what fiduciary duty means.

In this episode of Dishin' Dirt, real estate attorney Gary Pickren breaks down the other side of an agent's fiduciary obligations: your right to protect yourself and get paid for the work you perform.

We discuss:

• Why fiduciary duty is not "financial martyrdom"
• Why your commission is NOT the transaction's emergency fund
• Whether agents are obligated to cut their commission to save a deal
• Buyer agency agreements and compensation shortfalls
• The difference between protecting your commission and putting your interests ahead of your client
• When compensation concerns can become a fiduciary problem
• What happens when a seller changes their mind after you've done the work
• Why your agency agreement is a two-way contract
• How South Carolina agents can protect their compensation without violating their duties to their clients

The bottom line is simple:

Your compensation can never come before your fiduciary duty—but your fiduciary duty does not mean you work for free.

If you're a real estate agent, broker, BIC, or anyone dealing with today's changing commission and buyer-agency environment, this is an episode you need to hear.

👍 Like the video if you find it helpful.
💬 Comment below: Have you ever been asked to give up part of your commission to save a deal?
🔔 Subscribe to Dishin' Dirt for more real estate law, contracts, agency, risk management, and industry news affecting real estate professionals.

BEFORE YOU SIGN AND OTHER VIDEOS

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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The future of real estate search may not belong to Zillow, Realtor.com, Compass, or any brokerage portal.

It may belong to AI.

Buyers are increasingly moving toward a world where they can simply tell ChatGPT, Google AI, Gemini, or another AI assistant exactly what they want:

“Find me the five best homes for my family, my budget, my commute, and my lifestyle.”

And then comes the question every real estate agent should be thinking about:

“Who is the best agent to help me buy one of these homes?”

In this episode of Dishin’ Dirt, Gary Pickren explores why the real estate industry may be spending millions of dollars fighting over portals while artificial intelligence is quietly changing the entire way consumers search for homes, compare properties, research neighborhoods, and ultimately choose a real estate agent.

Google itself is moving from traditional search results toward AI-generated answers. Zillow is already embracing conversational AI. The consumer journey is changing fast.

So what does that mean for Realtors?

It means the future may not be about getting more website clicks.

It may be about making sure AI understands who you are, what market you serve, and why you are an expert.

In this episode:

• Why AI could become the new front door to real estate search
• Why traditional real estate portals may lose influence
• How Google AI is changing the way consumers search
• Why Zillow is already preparing for the AI era
• How AI may narrow hundreds of listings down to the best few
• Why agents will still be essential to the real estate transaction
• How AI could determine which agents get recommended to consumers
• Why Answer Engine Optimization, or AEO, matters
• Why generic real estate content will not be enough
• How hyperlocal expertise can help agents stand out
• Why YouTube, reviews, websites, articles, and original content matter more than ever
• What agents should be doing now to position themselves for AI search

The biggest marketing question for Realtors may soon change from:

“Where do I rank on Google?”

to:

“When AI is asked who the expert is, does it say my name?”

The agents who win the next era of real estate may not be the ones who spend the most money buying leads.

They may be the ones who become the most trusted answer.

Stop trying to own the search. Become the answer.

CLICK FOR THE BEFORE YOU SIGN SERIES

Don't Sign a Buyer's Real Estate Agent Agreement Until You Watch This | South Carolina

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#RealEstate #ArtificialIntelligence #AI #Realtor #RealEstateAgent #ChatGPT #Zillow #GoogleAI #RealEstateMarketing #RealEstateTechnology #AEO #FutureOfRealEstate

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* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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Private Listings: The Hidden Complaint Trap Real Estate Agents Miss

Private listings can create the complaint that comes back months later and hits the hardest—when a seller sees a nearby house sell for far more and starts asking why their home was never fully exposed to the market.

If you work in South Carolina real estate, this episode breaks down why that scenario is such a legal and licensing danger, and what the Commission’s guidance actually means for your file, your disclosures, and your license.

Gary Pickren digs into the real risk behind limited-market-exposure listings: not whether the sale closes, but whether the seller truly understood the trade-offs. A higher neighboring sale does not automatically prove harm, but it can spark a grievance, a deposition, or a lawsuit if the documentation is thin and the explanation sounds more like company policy than seller-specific judgment.

What You’ll Learn

Why a private listing can seem fine at closing and still become a major complaint later

• How the South Carolina Real Estate Commission views private listings, fiduciary duty, and conflicts of interest 
• Why a private listing can seem fine at closing and still become a major complaint later 
• The difference between a seller-driven decision and a brokerage-driven business strategy 
• What should be included in your file so it tells the story when memory fails 
• Why a seller’s signature is not enough without a real conversation about risks, exposure, and alternatives 
• How agents and brokers can better document the seller’s objectives and informed decision 
• Why patterns across an office may matter more than any single transaction 
• How plaintiff’s attorneys may use private-listing guidance in a future complaint or lawsuit 

Chapter Timeline

• 00:00 — Private Listings: The Risk of Seller Complaints
• 02:13 — Welcome and Firm Updates
• 03:21 — Introducing the Before You Sign Video Series
• 04:24 — Why Documentation Matters
• 06:28 — Conflicts of Interest and Civil Liability
• 08:41 — When Private Listings Become a Brokerage Strategy
• 15:01 — Five Practical Steps for Real Estate Agents
• 18:48 — Five Responsibilities for Brokers-in-Charge
• 22:33 — What the Commission Guidance Does—and Doesn’t—Say
• 23:40 — The Core Principle: Put the Seller First
• 27:34 — Final Takeaway and Closing

Gary also explains practical steps for agents and brokers in charge, including how to identify the seller’s true objective, how to use the commission form as a conversation guide rather than a signature page, and why the license on the line is yours—not your broker’s or your company’s.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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Private listings might sound exclusive, but South Carolina’s Real Estate Commission is spelling out exactly what sellers may be giving up - fewer buyers, fewer offers, weaker terms, and a longer path to closing. 

I will break down the new commission-approved disclosure form line by line and explains why it could change how brokers talk about limited market exposure forever. I will also walk through the 11 seller acknowledgments in the “Residential Disclosure and Acknowledgement of Limited Market Exposure Listing,” highlighting the ones that should make every agent, broker-in-charge, and seller stop and think. I will unpack the economics behind exposure, why competition drives value, and how “exclusive” can quickly become a liability when the goal is to get the best result for the seller. You'll discover:

- why limiting exposure can suppress buyer demand before a property ever reaches the public market

 -how fewer offers can mean not just lower price, but worse contingencies, timing, and financing terms

 -why “days on market” can be misstated when a listing sits privately before going public

 -the representation conflict that arises when a brokerage keeps more business inside its own ecosystem

-how private inventory can distort comparable sales and affect future valuations

 -why fair housing concerns may be the biggest legal issue of all when access is controlled through private networks

I will also explain why the broker-in-charge’s signature matters, what a real compliance process should look like, and why blanket “private first” strategies are exactly what the Commission seems to be warning against. If your brokerage uses pocket listings, limited exposure marketing, or internal-only inventory, this episode is essential listening before the next disclosure lands on your desk. 

Chapters

• 00:00 — Limited Exposure Listings: What They Are
• 02:22 — Welcome & Blair Cato Updates
• 03:28 — Seller Request vs. Agent Recommendation
• 04:00 — The New Limited Market Exposure Disclosure
• 05:10 — Why Exposure Drives Competition
• 07:25 — Fewer Offers, Lower Leverage
• 09:02 — Price, Terms & Lost Opportunities
• 10:04 — The Risk of Delayed Public Marketing
• 12:16 — Representation Conflicts
• 13:20 — How Private Sales Affect Comparable Values
• 15:00 — Fair Housing & Equal Access
• 20:24 — Seller Privacy Doesn’t Override Fair Housing
• 21:28 — What Brokers-in-Charge Need to Review
• 25:13 — Documenting the Seller’s Decision
• 25:47 — Why Blanket Private-Listing Policies Are Risky
• 27:29 — Incentives, Claims & Agent Training
• 29:44 — Supervision and the Broker’s Responsibility
• 31:28 — Next Week: The Public-Market Comparison

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* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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The South Carolina Real Estate Commission has issued important new guidance on private listings, office exclusives, off-MLS listings, and other forms of limited market exposure—and every South Carolina real estate agent and Broker-in-Charge needs to understand what it means.

In this episode of Dishin’ Dirt, Gary Pickren breaks down the Commission’s new Seller-Directed Limited Residential Market Exposure Guidance and explains why this is about much more than simply whether a seller can choose to keep a property off the MLS.

Private listings are still legal in South Carolina. But the Commission has made an important distinction: when a real estate licensee recommends limited market exposure, the licensee should be prepared to demonstrate why that recommendation was in the seller’s best interests—not primarily the interests of the agent or brokerage.

In Part 1, we discuss:

• What the SC Real Estate Commission actually said—and what it did not say
• Why broad public marketing remains the Commission’s general starting point
• The difference between a seller requesting a private listing and an agent recommending one
• Why simply getting the seller to sign a disclosure may not be enough
• The fiduciary-duty issues agents need to understand
• The potential conflict when limited exposure increases the opportunity to keep both sides of a transaction within the same brokerage
• Why agents should be able to explain exactly how limited exposure benefits the individual seller
• The Commission’s warning about using limited-market listings as part of a brokerage business strategy
• Why the new Commission-approved form specifically asks whose idea the private listing was

The key question coming out of this new guidance may be surprisingly simple:

Who is the private listing really benefiting—the seller, the agent, or the brokerage?

If an individual seller wants privacy and understands the tradeoffs, that is one thing. But if a brokerage or agent introduces a private-listing strategy, the analysis may be very different.

This episode is especially important for South Carolina REALTORS®, real estate agents, Brokers-in-Charge, brokerage owners, team leaders, and anyone involved with private or off-MLS listings.

📌 This is Part 1 of our discussion. In Part 2, we’ll dig into the Commission’s new disclosure form, fair housing concerns, the BIC’s role, brokerage private-listing strategies, and what could happen when a seller later questions whether limited exposure cost them money.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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🚨 New Condo Lending Rules: What REALTORS®, Buyers & Sellers Need to Know

Big changes to Fannie Mae and Freddie Mac condo lending rules are here—and they could determine whether a buyer can get financing on a condominium even when the buyer is otherwise perfectly qualified.

In this episode of Dishin’ Dirt, I break down the new 2026–2027 condo financing requirements and explain why REALTORS®, condo owners, buyers, sellers, and HOA boards need to start paying much closer attention to the financial and physical condition of the condominium association.

A buyer may have excellent credit, strong income, and a conventional loan preapproval—and still have a financing problem because the condo project itself doesn't qualify.

We discuss:

🏢 Why lenders are underwriting the entire condo project, not just the buyer

💰 The new 15% HOA replacement-reserve requirement coming January 4, 2027

📊 How the increase from 10% to 15% could affect HOA budgets and dues

📋 Why reserve studies are becoming increasingly important

⚠️ How deferred maintenance and critical repairs can affect condo financing

💵 What a special assessment really means for a buyer's loan

🏗️ Why structural and engineering reports can become important underwriting documents

🏦 The retirement of Fannie Mae's Limited Review and Freddie Mac's Streamlined Review

🏠 Why certain small 2–10 unit condo projects may receive more favorable review treatment

🛡️ How an HOA's master insurance policy can create financing problems

✅ What listing agents should investigate before putting a condo on the market

✅ What buyer's agents should ask the lender before their client spends thousands of dollars on the transaction

We also bust some of the biggest myths surrounding the new rules, including:

❌ “Every HOA has to have 15% cash in the bank.”

❌ “My buyer is preapproved, so the condo financing is fine.”

❌ “Someone got a conventional loan here six months ago, so we're good.”

❌ “A special assessment automatically kills the loan.”

❌ “The HOA has a reserve study, so there can't be a problem.”

The biggest takeaway?

There are now two questions every REALTOR® should be asking in a condo transaction:

Does the buyer qualify?

And does the condo qualify?

An 800 credit score can't fix an underfunded HOA, unresolved critical repairs, or an association that doesn't satisfy applicable conventional lending requirements.

If you sell condos, represent condo buyers, serve on an HOA board, or own a condominium in South Carolina, this is an episode you need to hear.

Subscribe for more discussions about South Carolina real estate law, contracts, closings, lending, and the issues affecting REALTORS®, buyers, and sellers.

#CondoLending #CondoFinancing #FannieMae #FreddieMac #HOA #HOAReserves #CondoRules #RealEstate #Realtor #SouthCarolinaRealEstate #Mortgage #ConventionalLoan #CondoAssociation #RealEstateAgent #DishinDirt

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

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AI is making real estate faster, smarter, and easier to scale - but it's also making fraud cheaper, faster, and more convincing. The agents and brokerages that win next may not be the ones using the most AI, but the ones consumers trust with their money.

Gary Pickren lays out the new reality real estate professionals are walking into, where fabricated emails, cloned voices, manipulated documents, and AI-generated video can all be used to fool buyers, sellers, and even seasoned teams. The upside is real. So is the risk.

You'll hear how AI is already improving marketing, communication, research, contract review, scheduling, and transaction management, while simultaneously raising the stakes around identity, verification, and client protection. The conversation centers on a critical shift: technology can accelerate your business, but trust is what will separate the companies people choose.

You’ll discover why deception is becoming more accessible than ever, what that means for real estate operations, and how forward-thinking firms can build systems that protect clients before a problem happens. Gary also explains why confidence alone is no longer enough - modern consumers want proof that you have safeguards in place.

If you work in real estate, lead a brokerage, or care about how AI is reshaping high-trust industries, this is essential listening. It’s a wake-up call about the future of the business and a reminder that in an AI world, trust is becoming the ultimate competitive advantage.

You'll learn about:

• The difference between fraud detection and fraud-resistant design
• Why "recognition is not authentication"
• The Transaction Trust Ceremony
• Transaction verification passphrases
• The Two-Channel Rule
• Why financial instructions should never change by email alone
• Protecting employees from AI-powered social engineering
• Protecting your digital identity
• Creating a Zero-Trust Closing
• The S.T.O.P. fraud-prevention framework
• Five changes REALTORS® can make immediately
• Risk-tiering transactions for attorneys, lenders and title companies

And remember the simplest rule from this episode:

MONEY MOVES = TWO CHANNELS.

If money is moving or financial instructions suddenly change, stop and independently verify before acting.

If this episode could protect one agent, buyer, seller, lender or closing professional from fraud, share it with someone in the industry.

#RealEstate #ArtificialIntelligence #AIFraud #RealEstateFraud #WireFraud #Cybersecurity #Realtor #RealEstateAgent #ClosingAttorney #MortgageFraud #Deepfake #RealEstateTechnology #DishinDirt

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.