Massachusetts General Laws
Chapter 183b - Real Estate Time-Shares
Section 5 - Unconscionable Contracts

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

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 1 - Citation

Section 2 - Definitions

Section 3 - Estates in Fee Simple; Estates for Years; Separate Estates; Taxes and Assessments; Recording Documents

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 12 - Instruments for Creation of More Than Twelve Time-Shares in Single Property; Recording; Contents

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 19 - Managing Entity

Section 20 - Powers of Association

Section 21 - Powers and Duties of Developer

Section 22 - Special Developer Right

Section 23 - Contracts or Leases Between Developer and Managing Entity; Termination by Association or Owners

Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner

Section 25 - Liability of Owners; Actions Involving Owners, Developers, or Associations; Tolling of Limitations; Judgments Against Associations

Section 26 - Insurance

Section 27 - Surplus Funds

Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds

Section 29 - Liens for Assessments Levied or Fines Imposed

Section 29a - Forfeiture of Rights of Time-Share Owner for Breach of Condition of Any Mortgage; Proceedings

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 32 - Definitions; List of Addresses of Owners; Ballots; Communication Expenses; Vote Allocation; Notice; Recording Amendments

Section 33 - Amendment of Project Instruments or Unrecorded Documents; Approval of Expenditures; Procedure

Section 34 - Referendum to Amend Project Instrument or Other Matters

Section 35 - Discharge of Manager

Section 36 - Dispositions or Offerings for Which Public Offering Statement or Other Materials Not Required

Section 37 - Public Offering Statements; Responsibility for Preparation; Liability for Misleading Statement; Multi-Location Plans

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 41 - Providing Prospective Purchaser With Public Offering Statement and Resale Disclosures; Cancellation of Contract; Damages

Section 42 - Copy of Instrument and Certificate; Delivery to Purchaser; Limitation on Expense Liability

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 46 - Implied Warranties of Developer or Person in Business of Selling Real Estate for Own Account

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

Section 55 - Project Brokers

Section 56 - Transfer of Interest; Time-Share Services Agreements; Transfer Services; Penalties; Prohibitions