25A-43. Unconscionability.
(a) With respect to a consumer credit sale, if the court finds the agreement or any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) If it is claimed or appears to the court that the agreement or any clause thereof may be unconscionable, all parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose and effect to aid the court in making its determination.
(c) As used in this section, "unconscionable" shall mean totally unreasonable under all of the circumstances. (1971, c. 796, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25A - Retail Installment Sales Act
§ 25A-2 - "Consumer credit sale" defined.
§ 25A-3 - "Payable in installments" defined.
§ 25A-7 - "Cash price" defined.
§ 25A-8 - "Finance charge" defined.
§ 25A-9 - "Amount financed" defined.
§ 25A-10 - "Official fees" defined.
§ 25A-11 - "Revolving charge account contract" defined.
§ 25A-12 - "Consumer credit installment sale contract" defined.
§ 25A-13 - "Consumer Credit Protection Act" defined.
§ 25A-14 - Finance charge rates and service charge for revolving charge account contracts.
§ 25A-15 - Finance charge rates for consumer credit installment sale contracts.
§ 25A-16 - Transfer of equity.
§ 25A-17 - Additional charges for insurance.
§ 25A-18 - Confession of judgment.
§ 25A-20 - Disclaimer of warranty.
§ 25A-22 - Receipts for payments; return of title documents upon full payment.
§ 25A-23 - Collateral taken by the seller.
§ 25A-24 - Identification of instruments of indebtedness.
§ 25A-25 - Preservation of consumers' claims and defenses.
§ 25A-26 - Substitution of collateral.
§ 25A-27 - Application of payments.
§ 25A-28 - Form of consumer credit installment sale contract.
§ 25A-31 - Consolidation and refinancing.
§ 25A-32 - Rebates on prepayment.
§ 25A-35 - Statement of account.
§ 25A-36 - Certificates of insurance and rebates.
§ 25A-38 - "Home-solicitation sale" defined.
§ 25A-39 - Buyer's right to cancel.
§ 25A-40 - Form of agreement or offer; statement of buyer's rights.
§ 25A-41 - Restoration of down payment; retention of goods.