Arbitration – Unconscionability – Home Buyer’s Contract – Selection of Parties (access required)

In a take-it-or-leave-it home buyer’s contract, the defendant-builder included an arbitration clause with unconscionable provisions, most notably giving the builder the exclusive right to determine which parties would be included in the arbitration. We decline to strike the offending provisions; instead, we deem the arbitration clause unenforceable. We affirm the Court of Appeals’ determination that the ...

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South Carolina Lawyers Weekly

Arbitration – Unconscionability – Home Buyer’s Contract – Selection of Parties

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