Arbitration – Home Purchase – Unconscionable Limitations Period – Severable – Separate Warranty Provisions (access required)

In the contract pursuant to which the plaintiff-buyers bought a home from the defendant-builder, the final two sentences of the arbitration provision unconscionably shorten the limitation period for claims from three years to either 90 or 30 days, depending upon the claim. Although there is no severability clause in the arbitration provision, the offending sentences ...

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South Carolina Lawyers Weekly

Arbitration – Home Purchase – Unconscionable Limitations Period – Severable – Separate Warranty Provisions

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