Arbitration – Home-Buying Contract – Limitations Period – Severability (access required)

Although the limitations period of the arbitration clause in the parties’ contract is one-sided and oppressive, this unconscionable provision is severable. As modified, we affirm the circuit court’s grant of defendant’s motion to dismiss and compel arbitration. When plaintiffs bought a home from the defendant-builder, they signed a contract that disclaimed all warranties except for a limited ...

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South Carolina Lawyers Weekly

Arbitration – Home-Buying Contract – Limitations Period – Severability

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