9-13-2023 – Opinions
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 custom-built home and later brought this action for breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Mart also seeks declaratory relief to address two questions: 1) the validity of GSH’s contract provision requiring a home buyer to waive the implied warranty of habitability without separate consideration, and 2) the validity of GSH’s effort to transfer its warranty obligations to a third party upon the closing of the transaction. Pursuant to our supreme court’s holding in Damico v. Lennar Carolinas, LLC, 437 S.C. 596, 604-05, 879 S.E.2d 746, 751 (2022), cert. denied, 143 S. Ct. 2581 (2023), we reverse and remand for arbitration.
Posted by: Byron King on 11/07/23 (This information is only accurate as of 11/07/23. You must contact SCR for updates and changes to this information after 11/07/23 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 information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.