WILLIAM DONALD SCHAEFER, Governor S.B. 147
COMPLIANCE OR NONCOMPLIANCE WITH A CERTIFICATE OF TITLE STATUTE ARE
GOVERNED BY THE LAW (INCLUDING THE CONFLICT OF LAWS RULES) OF THE
JURISDICTION ISSUING THE CERTIFICATE UNTIL THE EARLIER OF (A) SURRENDER
OF THE CERTIFICATE OR (B) 4 MONTHS AFTER THE GOODS ARE REMOVED FROM
THAT JURISDICTION AND THEREAFTER UNTIL A NEW CERTIFICATE OF TITLE IS
ISSUED BY ANOTHER JURISDICTION.
2A-106. LIMITATION ON POWER OF PARTIES TO CONSUMER LEASE TO CHOOSE
APPLICABLE LAW AND JUDICIAL FORUM
(1) IF THE LAW CHOSEN BY THE PARTIES TO A CONSUMER LEASE IS THAT OF
A JURISDICTION OTHER THAN A JURISDICTION: (A) IN WHICH THE LESSEE RESIDES
AT THE TIME THE LEASE AGREEMENT BECOMES ENFORCEABLE OR WITHIN 30 DAYS
THEREAFTER; (B) IN WHICH THE GOODS ARE TO BE USED; OR (C) IF THE GOODS ARE
TO BE USED IN MORE THAN ONE JURISDICTION, NONE OF WHICH IS THE RESIDENCE
OF THE LESSEE, IN WHICH THE LEASE IS EXECUTED BY THE LESSEE, THE CHOICE IS
NOT ENFORCEABLE.
(2) IF THE JUDICIAL FORUM CHOSEN BY THE PARTIES TO A CONSUMER
LEASE IS A FORUM THAT WOULD NOT OTHERWISE HAVE JURISDICTION OVER THE
LESSEE, THE CHOICE IS NOT ENFORCEABLE.
2A-107. WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT
ANY CLAIM OR RIGHT ARISING OUT OF AN ALLEGED DEFAULT OR BREACH OF
WARRANTY MAY BE DISCHARGED IN WHOLE OR IN PART WITHOUT
CONSIDERATION BY A WRITTEN WAIVER OR RENUNCIATION SIGNED AND
DELIVERED BY THE AGGRIEVED PARTY.
2A-108. UNCONSCIONABILITY
(1) IF THE COURT AS A MATTER OF LAW FINDS A LEASE CONTRACT OR ANY
CLAUSE OF A LEASE CONTRACT TO HAVE BEEN UNCONSCIONABLE AT THE TIME IT
WAS MADE, THE COURT MAY REFUSE TO ENFORCE THE LEASE CONTRACT, OR IT
MAY ENFORCE THE REMAINDER OF THE LEASE CONTRACT WITHOUT THE
UNCONSCIONABLE CLAUSE, OR IT MAY SO LIMIT THE APPLICATION OF ANY
UNCONSCIONABLE CLAUSE AS TO AVOID ANY UNCONSCIONABLE RESULT.
(2) WITH RESPECT TO A CONSUMER LEASE, IF THE COURT AS A MATTER OF
LAW FINDS THAT A LEASE CONTRACT OR ANY CLAUSE OF A LEASE CONTRACT HAS
BEEN INDUCED BY UNCONSCIONABLE CONDUCT OR THAT UNCONSCIONABLE
CONDUCT HAS OCCURRED IN THE COLLECTION OF A CLAIM ARISING FROM A LEASE
CONTRACT, THE COURT MAY GRANT APPROPRIATE RELIEF.
(3) BEFORE MAKING A FINDING OF UNCONSCIONABILITY UNDER
SUBSECTION (1) OR (2), THE COURT, ON ITS OWN MOTION OR THAT OF A PARTY,
SHALL AFFORD THE PARTIES A REASONABLE OPPORTUNITY TO PRESENT EVIDENCE
AS TO THE SETTING, PURPOSE, AND EFFECT OF THE LEASE CONTRACT OR CLAUSE
THEREOF, OR OF THE CONDUCT.
(4) IN AN ACTION IN WHICH THE LESSEE CLAIMS UNCONSCIONABILITY WITH
RESPECT TO A CONSUMER LEASE:
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