2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 31 - General Provisions
3111 - Unconscionable agreement or term of contract.

     § 3111.  Unconscionable agreement or term of contract.
        (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.

Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.