Supreme Court of South Carolina

Barry Clarke v. Fine Housing, Inc.

January 4, 2023

Summary

The South Carolina Supreme Court affirmed the Court of Appeals, holding that the lease‑embedded right of first refusal was unenforceable because it unreasonably restrained alienation. The Court found the right failed to specify the property covered, the purchase price, and the procedures for exercise, each factor rendering the restraint unreasonable. The decision was reviewed de novo.