North Carolina General Statutes
Chapter 25A - Retail Installment Sales Act
§ 25A-43 - Unconscionability.

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-1 - Scope of act.

§ 25A-2 - "Consumer credit sale" defined.

§ 25A-3 - "Payable in installments" defined.

§ 25A-4 - "Goods" defined.

§ 25A-5 - "Services" defined.

§ 25A-6 - "Seller" 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-19 - Acceleration.

§ 25A-20 - Disclaimer of warranty.

§ 25A-21 - Attorneys' fees.

§ 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-29 - Default charges.

§ 25A-30 - Deferral charges.

§ 25A-31 - Consolidation and refinancing.

§ 25A-32 - Rebates on prepayment.

§ 25A-32.1 - Unearned finance charge credits on prepayment of loans secured by real property and mobile home loans.

§ 25A-33 - Terms of payments.

§ 25A-34 - Balloon payments.

§ 25A-35 - Statement of account.

§ 25A-36 - Certificates of insurance and rebates.

§ 25A-37 - Referral sales.

§ 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.

§ 25A-42 - Duties as to care and return of goods; no compensation for services prior to cancellation.

§ 25A-43 - Unconscionability.

§ 25A-44 - Remedies and penalties.

§ 25A-45 - Conflict with Consumer Credit Protection Act.