share, any conduct directed against the purchaser by a party
to the contract or any result of the contract is
unconscionable, the court shall, in addition to the remedy
authorized in paragraph (4), either refuse to enforce the
contract against the purchaser or so limit the application of
any unconscionable aspect or conduct as to avoid any
unconscionable result.
(2) Without limiting the scope of paragraph (1), the
court may consider, among other things, any of the following
as pertinent to the issue of unconscionability:
(i) That those engaging in the practice know of the
inability of a party to receive benefits properly
anticipated from the time share and related goods or
services.
(ii) That there exists a gross disparity, at the
time of contracting, between the price of the time share
and related goods or services and their value as measured
by the price at which similar time shares or related
goods or services were readily obtainable or by other
tests of true value, except that a disparity between the
contract price and the value of the time share measured
by the price at which similar time shares were readily
obtainable in similar transactions does not, of itself,
render the contract unconscionable.
(iii) That the practice may enable one party to take
advantage of the inability of the other party reasonably
to protect the other party's interests by reason of
physical or mental infirmities, illiteracy or inability
to understand the language of the agreement, ignorance or
lack of education or similar factors.
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