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§ 24-7-6-5 — Indiana Law | CourtGPT
  1. Home/
  2. Laws/
  3. Indiana/
  4. Title 24 - Trade Regulation/
  5. Article 7 - Rental Purchase Agreements/
  6. Chapter 6 - Reinstatement; Garnishment; Unconscionable Agreements24-7-6-1. Reinstatement of Original Agreement; Conditions/
  7. § 24-7-6-5
Indiana Legal Code

§ 24-7-6-5

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(a) If the court as a matter of law finds the rental purchase agreement or any clause of a rental purchase agreement to have been unconscionable at the time it was made the court may:(1) refuse to enforce the rental purchase agreement;(2) enforce the remainder of the rental purchase agreement without the unconscionable clause; or(3) limit the application of any unconscionable clause to avoid an unconscionable result.(b) If it is claimed or appears to the court that a rental purchase agreement or any clause of the rental purchase agreement may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.(c) For the purposes of this section, a rental payment, charge, or practice expressly permitted by this article is not in itself unconscionable.As added by P.L.254-1987, SEC.1.