Section 5. (a) The court, upon finding as a matter of law that a time-share contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce such contract, may enforce the remainder of the contract without the unconscionable clause, or may limit the application of any such unconscionable clause in order to avoid an unconscionable result.
(b) Whenever it is claimed, or appears to said court, that such contract or contract clause is unconscionable, the court shall afford the parties 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; and
(4) if a sale, any gross disparity, at the time of contracting, between the amount charged for the time-share and the value of the time-share measured by the price at which similar time-shares were readily obtainable, but a disparity between the contract price and the value of the time-share measured by the price at which a similar time-share was readily obtainable in similar transactions shall not, of itself, render the contract unconscionable.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 183b - Real Estate Time-Shares
Section 4 - Agreements Varying Chapter Prohibited; Waiver of Rights
Section 5 - Unconscionable Contracts
Section 6 - Good Faith Obligation
Section 7 - Remedies; Liberal Administration; Damages; Judicial Enforcement
Section 8 - Laws Supplementary to Chapter
Section 9 - Conflicts With Other Laws
Section 10 - Implied Repeals by Subsequent Legislation
Section 11 - Project Instruments; Creation of Time-Shares; Amendments
Section 13 - Instruments; Allocation of Votes and Expense Liabilities; Alteration
Section 14 - Partition of Units
Section 15 - Termination Agreements
Section 16 - Sales or Management Offices; Models; Signs
Section 17 - Instruments; Approval of Actions of Owners, Developer, or Managing Entity
Section 18 - Deeds; Notice of Lease or License; Recording; Contents
Section 20 - Powers of Association
Section 21 - Powers and Duties of Developer
Section 22 - Special Developer Right
Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner
Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds
Section 29 - Liens for Assessments Levied or Fines Imposed
Section 29b - Forfeiture of Rights of Time-Share Owner for Non-Payment of Assessments; Proceedings
Section 30 - Financial Records
Section 31 - Third Persons Dealing With Trustee
Section 34 - Referendum to Amend Project Instrument or Other Matters
Section 35 - Discharge of Manager
Section 38 - Public Offering Statements; Furnishing to Purchaser; Contents
Section 39 - Public Offering Statements; Conversion Buildings; Contents
Section 39a - Conformity of Units to Regulations
Section 40 - Public Offering Statements; Time-Share Registered With Securities Exchange Commission
Section 42a - Resale Service Providers; Disclosure Obligations
Section 43 - Deposits Placed in Escrow; Holding Instrument of Payment
Section 44 - Release of Liens; Surety Bond; Service of Process for Foreclosure of Lien
Section 45 - Express Warranties
Section 47 - Implied Warranties of Quality; Exclusions or Modifications
Section 48 - Limitation of Actions for Breach of Warranties
Section 49 - Failure to Comply With Chapter
Section 50 - Improvements Not Required to Be Built
Section 51 - Completion of Promised Improvements; Responsibility for Recording Deed or Notice
Section 52 - Advertisements Including Prize Offer
Section 53 - Exchange Programs; Information; Promotional Literature; Liability
Section 54 - Multi-Location Developers; Information for Purchasers; Violations