Overview
Adams Homes operates in the Myrtle Beach and Columbia markets in South Carolina. The company builds affordable, entry-level homes with standardized floor plans targeting first-time and budget-conscious buyers.
South Carolina's Right to Cure Act (S.C. Code 40-59-850 et seq.) requires written notice to the builder before filing suit for construction defects. South Carolina has an eight-year statute of repose for construction defect claims. South Carolina courts have addressed the enforceability of various builder contract provisions, including unconscionability challenges to cancellation and liability limitation clauses.
How South Carolina Law Affects Your Contract
The following analysis examines how Adams Homes's documented contract patterns interact with South Carolina consumer protection law.
South Carolina Right to Cure Act (S.C. Code 40-59-850 et seq.)
South Carolina law requires homeowners to provide written notice to the builder before filing a lawsuit for construction defects. The builder has the right to inspect and offer to repair. This statutory process must be followed to preserve legal claims.
Implied Warranty of Habitability
South Carolina courts have recognized an implied warranty of habitability in new home construction. The enforceability of contractual waivers has been addressed in several South Carolina cases. Buyers should consult a local attorney about the current state of the law.
Arbitration Clause Enforceability
The enforceability of mandatory arbitration clauses in South Carolina new construction contracts has been subject to challenge. South Carolina courts have found certain builder contract provisions unconscionable. Buyers should review arbitration terms carefully and consult a local attorney.
Eight-Year Statute of Repose
South Carolina's statute of repose for construction defect claims is eight years from substantial completion (S.C. Code 15-3-640). Buyers should document and report all defects within this window.
South Carolina Legal History
No state-specific litigation involving Adams Homes in South Carolina has been identified in public records as of this writing.
Relevant South Carolina Laws
South Carolina courts recognize an implied warranty of habitability for new construction. The South Carolina Supreme Court has held that contractual waivers of this warranty may be unconscionable.
Prohibits unfair or deceptive acts in trade or commerce, with potential for treble damages and attorney fees.
Requires homeowners to provide written notice to the builder and allow an opportunity to inspect and offer a repair before filing a construction defect lawsuit.
South Carolina Key Facts
- 1The South Carolina Supreme Court found habitability waiver clauses unconscionable in Smith v. D.R. Horton (2016).
- 2South Carolina's right-to-repair statute requires written notice before filing a construction defect lawsuit.
- 3Mandatory arbitration clauses have been found unconscionable in some South Carolina cases involving national builders.
- 4South Carolina has a statute of repose of 8 years for construction defect claims.
- 5The Residential Builders Commission licenses and regulates residential builders in South Carolina.
- 6South Carolina courts apply a totality-of-the-circumstances test for unconscionability of contract provisions.
What South Carolina Buyers Should Know
- Hire an independent home inspector before closing. Request access for independent inspections at pre-drywall and pre-closing stages. South Carolina's Right to Cure Act creates a mandatory pre-suit notice process, making early defect documentation essential.
- Understand South Carolina's Right to Cure process. Before filing any legal claim for construction defects, South Carolina law requires written notice to the builder and an opportunity to inspect and repair. Consult a local attorney about the specific notice requirements.
- Review contract provisions for unconscionability. South Carolina courts have found certain builder contract provisions unconscionable. Have an attorney review cancellation, liability limitation, and arbitration clauses before signing.
- Document all specifications and commitments in writing. Ensure all agreed-upon features, pricing, and timelines are documented in the purchase agreement or a signed addendum rather than relying on verbal commitments from the sales team.