Pennsylvania § 3111 Unconscionable agreement or term of contract

Pennsylvania Statutes

§ 3111 — Unconscionable agreement or term of contract

Pennsylvania § 3111

Title 68REAL AND PERSONAL PROPERTY

PartPART II

Ch. 31GENERAL PROVISIONS

This text of Pennsylvania § 3111 (Unconscionable agreement or term of contract) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

68 Pa. Cons. Stat. § 3111 (2026).

Text

(a)Powers of court.--The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may:

(1)refuse to enforce the contract;

(2)enforce the remainder of the contract without the unconscionable clause; or

(3)limit the application of any unconscionable clause in order to avoid an unconscionable result.

(b)Parties may present evidence.--Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:

(1)The commercial setting of the negotiations.

(2)Whether a party has knowingly taken advantage of the inability of the other pa

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(a) Powers of court.--The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may:

(1) refuse to enforce the contract;

(2) enforce the remainder of the contract without the unconscionable clause; or

(3) limit the application of any unconscionable clause in order to avoid an unconscionable result.

(b) Parties may present evidence.--Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:

(1) The commercial setting of the negotiations.

(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy or inability to understand the language of the agreement or similar factors.

(3) The effect and purpose of the contract or clause.

(4) If a sale, any gross disparity at the time of contracting between the amount charged for the real estate and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.