(a) Powers of court.--The
court, upon finding as a matter of law that a contract or contract clause
was unconscionable at the time the contract was made, may:
(1) refuse to enforce
the contract;
(2) enforce the remainder
of the contract without the unconscionable clause; or
(3) limit the application
of any unconscionable clause in order to avoid an unconscionable result.
(b) Parties may
present evidence.--Whenever it is claimed, or appears to the court, that
a contract or any 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 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.
(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.