(a) The court, upon finding as a matter of law that a contract or contract clause to which the declarant or the affiliate of a declarant is a party was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.
(b) Whenever it is claimed, or appears to the court that such a contract or 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 the other party's 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 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.
1980 c 582 art 1 s 515.1-112; 1986 c 444
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 515A — Uniform Condominium Act
Section 515A.1-101 — Short Title.
Section 515A.1-102 — Applicability.
Section 515A.1-103 — Definitions.
Section 515A.1-104 — Variation By Agreement.
Section 515A.1-105 — Property Taxation.
Section 515A.1-106 — Applicability Of Local Ordinances, Regulations, And Building Codes.
Section 515A.1-107 — Eminent Domain.
Section 515A.1-108 — Supplemental General Principles Of Law Applicable.
Section 515A.1-109 — Construction Against Implicit Repeal.
Section 515A.1-110 — Uniformity Of Application And Construction.
Section 515A.1-111 — Severability.
Section 515A.1-112 — Unconscionable Agreement Or Term Of Contract.
Section 515A.1-113 — Obligation Of Good Faith.
Section 515A.1-114 — Remedies To Be Liberally Administered.
Section 515A.1-116 — Effective Date.
Section 515A.2-101 — Creation Of Condominium.
Section 515A.2-102 — Unit Boundaries.
Section 515A.2-103 — Construction And Validity Of Declaration And Bylaws.
Section 515A.2-104 — Description Of Units.
Section 515A.2-105 — Contents Of Declaration; All Condominiums.
Section 515A.2-106 — Contents Of Declaration; Flexible Condominiums.
Section 515A.2-107 — Leasehold Condominiums.
Section 515A.2-108 — Allocation Of Common Element Interests, Votes, And Common Expense Liabilities.
Section 515A.2-109 — Common Elements And Limited Common Elements.
Section 515A.2-110 — Condominium Plats.
Section 515A.2-111 — Expansion Of Flexible Condominiums.
Section 515A.2-113 — Alterations Of Units.
Section 515A.2-114 — Relocation Of Boundaries Between Adjoining Units.
Section 515A.2-115 — Subdivision Or Conversion Of Units.
Section 515A.2-116 — Minor Variation In Boundaries.
Section 515A.2-117 — Use For Sales Purposes.
Section 515A.2-118 — Easement To Facilitate Completion, Conversion, And Expansion.
Section 515A.2-119 — Amendment Of Declaration.
Section 515A.2-120 — Termination Of Condominium.
Section 515A.2-121 — Rights Of Holders Of An Interest As Security For An Obligation.
Section 515A.3-101 — Organization Of Unit Owners' Association.
Section 515A.3-102 — Powers Of Unit Owners' Association.
Section 515A.3-103 — Board Of Directors, Members And Officers.
Section 515A.3-104 — Transfer Of Special Declarant Rights.
Section 515A.3-105 — Termination Of Contracts And Leases Of Declarant.
Section 515A.3-107 — Upkeep Of The Condominium.
Section 515A.3-111 — Tort And Contract Liability.
Section 515A.3-112 — Insurance.
Section 515A.3-113 — Surplus Funds.
Section 515A.3-114 — Assessments For Common Expenses.
Section 515A.3-115 — Lien For Assessments.
Section 515A.3-116 — Association Records.
Section 515A.3-117 — Association As Trustee.
Section 515A.4-101 — Applicability; Waiver.
Section 515A.4-102 — Disclosure Statement; General Provisions.
Section 515A.4-104 — Same; Conversion Condominiums.
Section 515A.4-106 — Purchaser's Right To Cancel.
Section 515A.4-107 — Resales Of Units.
Section 515A.4-1075 — Purchaser's Right To Cancel.
Section 515A.4-108 — Escrow Of Deposits.
Section 515A.4-109 — Release Of Interests As Security For An Obligation.
Section 515A.4-110 — Conversion Condominiums.
Section 515A.4-111 — Express Warranties.
Section 515A.4-112 — Implied Warranties.
Section 515A.4-113 — Exclusion Or Modification Of Implied Warranties.
Section 515A.4-114 — Statute Of Limitations For Warranties.
Section 515A.4-115 — Effect Of Violations On Rights Of Action; Attorney's Fees.
Section 515A.4-116 — Labeling Of Promotional Material.
Section 515A.4-117 — Declarant's Obligation To Complete And Restore.