Carlson v. South Carolina State Plastering, LLC

Del Webb Communities, Inc. (Del Webb) and Pulte Homes, Inc.1 (Pulte) appeal the circuit court’s order denying their motion to compel arbitration based on its finding that they waived any right to arbitration. We reverse.

FACTS

On March 8, 2002, Roger F. Carlson and Mary Jo Carlson entered into a purchase agreement with Del Webb whereby they agreed to purchase a home in the Sun City development in Hilton Head, South Carolina. The purchase agreement contained the following arbitration clause:

Any controversy or claim arising out of or relating to this Agreement or Your purchase of the Property…