28168 - Sanders v. Savannah Highway Automotive Company Petitioners Rick Hendrick Dodge Chrysler Jeep Ram and Isiah White argue an arbitrator, rather than the court, must decide whether they can enforce an arbitration provision in a contract even after assigning the contract to a third party. The circuit court and court of appeals concluded the [...]
28176 - Daufuskie v. SC Office of Regulatory Staff The Court affirms the Public Service Commission's refusal to grant a utility a "reparations surcharge" and holds a utility may only collect higher rates during an appeal if it follows the procedures set forth in section 58-5-240(D) of the South Carolina Code (2015). 28173 - The [...]
6003 - Gleaton v. Orangeburg County This is an appeal in an action for slander of title. The story began with a flawed tax sale, but there were several mistakes for years after. The master-in-equity found in favor of Orangeburg County based on findings that the County did not publish a false statement impugning the [...]
6017 - Noel Owens v. Mountain Air Heating & Cooling Noel Owens appeals the circuit court's ordering granting summary judgment to Demetra Caldera and South Market Real Estate. On appeal, Owens argues the grant of summary judgment was improper because (1) the release signed on April 3, 2015, could not have released a claim that [...]
6016 - Vista Del Mar v. Vista Del Mar, LLC Vista Del Mar Condominium Association (the Association) and the individual unit owners (Unit Owners) of the Vista Del Mar Horizontal Property Regime (the Regime) (collectively, Appellants) appeal the circuit court's order granting summary judgment to Atlantic Development Company and Atlantic Coast Funding, LLC (collectively, Respondents), [...]
9-13-2023 - Opinions 6026 - Jonathan Mart v. Great Southern Homes, Inc. Great Southern Homes, Inc. (GSH) appeals the circuit court's order denying its motion to dismiss and compel arbitration in this action brought by Johnathan Mart, individually and on behalf of other similarly situated homeowners. Mart entered a contract with GSH to purchase a [...]
https://www.thestate.com/news/local/crime/article280545744.html Posted by: Byron King on 10/31/23 (This information is only accurate as of 10/31/23. You must contact SCR for updates and changes to this information after 10/31/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org) This information is not legal advice. This [...]
https://www.nar.realtor/magazine/real-estate-news/law-and-ethics/federal-court-says-floor-plans-fall-under-fair-use?utm_term=748B6878-FA27-42A5-9E63-67EBDF73E830&lrh=27adf8b8289bacb334df7df30ed1e09653c968e9c4013586048e0e57bb0a5688&utm_campaign=3BFA9068-DFBC-477B-BC94-C168B9A999F1&nwsltr=navnar&utm_content=93240D13-17EB-4EC0-8068-36E089913C0D Posted by: Byron King on 10/25/23 (This information is only accurate as of 10/25/23. You must contact SCR for updates and changes to this information after 10/25/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org) This information is not legal advice. This [...]
1. Be very nervous about rescission working or not working. Alert the client about the legal risks of rescission working or not working. For a buyer with the option to use SCR310 due diligence even after a failed rescission procedure, that makes the risks of a failed rescission less since the buyer could properly terminate [...]
If the buyer might need or desire to properly pay the due diligence termination fee to the seller electronically, everyone should coordinate well ahead of time to get the e-pay information communicated. Do not wait until the last minute because a late due diligence termination fee payment can void the due diligence termination and potentially [...]