Overview
Century Communities operates in South Carolina with communities in the Charleston, Columbia, and Greenville-Spartanburg regions, serving entry-level and move-up buyers.
South Carolina's implied warranty of habitability, the Right to Cure Act, and contractor licensing through the Residential Builders Commission provide buyers with specific legal protections that interact with Century's contract terms.
How South Carolina Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with South Carolina consumer protection law.
Implied Warranty of Habitability
South Carolina courts recognize an implied warranty of habitability for new construction (Lane v. Trenholm Building Co., 267 S.C. 497, 1976). Courts have found habitability waivers in builder adhesion contracts unconscionable. Century's habitability waiver (HAB-001) may face significant enforceability challenges.
Right to Cure Act
South Carolina's Right to Cure Act (S.C. Code § 40-59-810 et seq.) requires written notice to the builder and a reasonable opportunity to inspect and repair before filing a construction defect lawsuit. This applies regardless of contract terms.
Arbitration Enforceability
South Carolina courts enforce arbitration clauses but have applied unconscionability analysis to adhesion contracts. Century's JAMS arbitration clause (ARB-001) and class action waiver (CLA-001) may face scrutiny if combined with other one-sided terms.
South Carolina Legal History
No state-specific litigation involving Century Communities 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
- Understand South Carolina's implied warranty protections. South Carolina courts recognize an implied warranty that may not be waivable through builder adhesion contracts. This provides protections beyond Century's express warranty.
- Comply with the Right to Cure Act. South Carolina law requires written notice to the builder before filing a construction defect lawsuit. Document defects and allow the builder a reasonable opportunity to inspect and repair.
- Compare Inspire Home Loans with independent lenders. Century may offer incentives to use Inspire Home Loans. Compare total loan costs with at least two independent lenders.
- Insist on an independent home inspection. Negotiate for inspection access if the contract restricts it (INS-001). South Carolina licenses home inspectors through the Residential Builders Commission.
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