§ 37-1-107 — Waiver; agreement to forego rights; settlement of claims.

South Carolina § 37-1-107

• Jurisdiction: South Carolina
• Title 37: CONSUMER PROTECTION CODE
• Ch. 1: GENERAL PROVISIONS AND DEFINITIONS

Text

(1) Except as otherwise provided in this title, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this title. (2) A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this title, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this title, if disputed in good faith, may be settled by agreement. (3) A claim, whether or not disputed, against a buyer, lessee, or debtor may be settled for less value than the amount claimed. (4) A settlement in which the buyer, lessee, or debtor waives or agrees to forego rights or benefits under this title is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the buyer, lessee, or debtor, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the consideration are relevant to the issue of unconscionability.

Legislative History

HISTORY: 1962 Code SECTION 8-800.107; 1974 (58) 2879; 1984 Act No. 261, SECTION 1.