77290755-434Virginia Decodedhttps://vacode.org2016Property And ConveyancesVirginia Real Estate Cooperative ActGeneral ProvisionsUnconscionable agreement or term of contract1982, c. 277.http://law.lis.virginia.gov/vacode/55-434//55-434/55/24/1/55-43455-425The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made may (i) refuse to enforce the contract; (ii) enforce the remainder of the contract without the unconscionable clause; or (iii) limit the application of any unconscionable clause in order to avoid an unconscionable result.sectionAA1Whenever 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:sectionBB1 The commercial setting of the negotiations;sectionB1B12 Whether a party has knowingly taken advantage of the inability of the other party to reasonably protect his interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;sectionB2B22 The effect and purpose of the contract or clause; andsectionB3B32 If a sale, any gross disparity at the time of contracting between the amount charged for the cooperative interest and the value of the cooperative interest measured by the price at which similar cooperative interests were readily obtainable in similar transactions, but a disparity between the contract price and the value of the cooperative interest measured by the price at which similar cooperative interests were readily obtainable in similar transactions does not, of itself, render the contract unconscionable.sectionB4B42