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Seller beware: Commonly used arbitration clause in home contracts ‘unconscionable’ (access required)

The South Carolina Court of Appeals has issued a warning to residential home builders.  In a 3-2 decision last month, the justices signaled that builders should be very careful in how they draft arbitration agreements. The court found that the standard arbitration clause used in D.R. Horton Inc. contracts was unconscionable because it severely limited homeowners’ ...

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