Supreme Court of South Carolina

Patricia Damico and Lenna Lucas v. Lennar Carolinas, LLC, Spring Grove Plantation Development, Inc

September 14, 2022

Summary

The South Carolina Supreme Court held that the Federal Arbitration Act applies, the arbitration agreement is limited to Section 16 of the purchase‑and‑sale contract, and that provision is unconscionable and unenforceable, declining to sever its offending terms and reinstating the lower court’s denial of Lennar’s motion to compel arbitration, with the case remanded for further proceedings.