§ 24-7-6-5 — Unconscionable agreements

Indiana § 24-7-6-5

• Jurisdiction: Indiana
• Art. 7: RENTAL PURCHASE AGREEMENTS
• Ch. 6: Reinstatement; Garnishment; Unconscionable

Text

(a) If the court as a matter of law finds the rental
purchase agreement or any clause of a rental purchase agreement to
have been unconscionable at the time it was made the court may:
(1) refuse to enforce the rental purchase agreement;
(2) enforce the remainder of the rental purchase agreement
without the unconscionable clause; or
(3) limit the application of any unconscionable clause to avoid an
unconscionable result.
(b) If it is claimed or appears to the court that a rental purchase
agreement or any clause of the rental purchase agreement may be
unconscionable, the parties shall be afforded a reasonable opportunity
to present evidence as to its setting, purpose, and effect to aid the court
in making the determination.
(c) For the purposes of this section, a rental payment, charge, or
practice expressly permitted by this article is not in itself
unconscionable.

Legislative History

As added by P.L.254-1987, SEC.1.