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THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Mary M. Slack and Stephen H. Slack,        Respondents,

v.

Lonnie James and Shannon James,        Appellants.

Appeal From Charleston County
A. Victor Rawl, Circuit Court Judge

Opinion No. 3686
Heard September 9, 2003 – Filed October 27, 2003

REVERSED AND REMANDED

Stanley Clarence Rodgers, of Charleston, for Appellants.

Richard S. Rosen, and Daniel F. Blanchard, III, both of Charleston, for Respondents.

GOOLSBY, J.:   Mary and Stephen Slack (“Sellers”) filed a complaint against Lonnie and Shannon James (“Buyers”) concerning a real estate contract.  Buyers appeal from the circuit court’s order dismissing and striking their counterclaims.  We reverse and remand.

FACTS

When we view the facts as alleged in the pleadings in the light most favorable to the Buyers, the pleadings show Sellers and Buyers, each represented by real estate agents, entered into a written contract for the sale of Sellers’ home for $1,208,000.00.  The sales contract includes the following provisions, which we quote only in part:

14.  ENCUMBRANCES AND RESTRICTIONS. Buyer agrees to accept property subject to: . . . restrictive covenants and easements of record, provided they do not materially affect [the] present use of said property.

21. ENTIRE AGREEMENT.  This written instrument expresses the entire agreement, and all promises, covenants, and warranties between the Buyer and Seller. . . .  Both Buyer and Seller hereby acknowledge that they have not received or relied upon any statements or representations by either Broker or their agents which are not expressly stipulated herein.