The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9 V.S.A. § 2385)
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§ 2385. Unconscionability
(a) If a court finds an agricultural finance lease, or any clause of a lease, to have
been unconscionable at the time it was made, the court may refuse to enforce the entire
lease or enforce the remainder of the agricultural finance lease without the unconscionable
clause, or it may limit the application of any unconscionable clause to avoid an unconscionable
result.
(b) If a court finds that an agricultural finance lease or any clause of a lease 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.
(c) Before making a finding on unconscionability under subsection (a) or (b) of this section,
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, or of the conduct. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)