Legal Opinion

Lackey v. Green Tree Financial Corp.

Court of Appeals of South Carolina

Decided March 16, 1998No. 2810PublishedCited by 43 opinions

1Opinion of the Court

HOWARD, Judge:

Green Tree Financial Corp. (Green Tree) appeals from a final order finding the arbitration clause in its form contracts to be unconscionable and therefore unenforceable. We reverse and remand for further proceedings.

FACTS

The Respondents each entered into retail installment contracts and security agreements which obligated them to make monthly payments to Green Tree for the purchase of manufactured homes or improvements to manufactured homes. In each instance, the contract forms were provided to manufactured home dealers by Green Tree. When a dealer accepted the terms by signing…

2Cases cited19 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  4. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
  5. Townes Associates, Ltd. v. City of GreenvilleSupreme Court of South Carolina · 1976

14 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Green Tree Financial Corp. v. BazzleSupreme Court of the United States · 2003
  2. Charles Harris v. Green Tree Financial CorporationCourt of Appeals for the Third Circuit · 1999
  3. Walther v. Sovereign BankCourt of Appeals of Maryland · 2005
  4. Zuver v. Airtouch Communications, Inc.Washington Supreme Court · 2004
  5. Salley v. Option One Mortgage Corp.Supreme Court of Pennsylvania · 2007

38 more not listed; retrieve them via the Exa API.

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