Jonathan Mart v. Great Southern Homes, Inc.

Syllabus

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.