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Is Arbitration for Real Estate Always Enforceable in SC?

Posted By: Alan Donald In: Real Estate
Date: Sat, May 1st 2010 1:51 pm

Is Arbitration for Real Estate Always Enforceable in SC?

Arbitration ProcessAttorney Clay Olson recently published a blog post analyzing a recent decision by the SC Court of Appeals in the matter of Faltaous v. Anderson Ocean Club Development, in which the "mandatory arbitration" clause was denied by the court. 

According to Olson, this means that SC courts may not enforce the mandatory arbitration as a matter of course, and it will depend on each individual case, and how specific the language to be enforced reads. 

Bottom line: Builders and real estate practitioners need to get sound legal advice on how to word arbitration clauses properly if they want them to be enforceable in SC. 

Read the whole article here...