{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.2A-108.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.2A-108.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.2A-108.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.2A-108.html"}],"law_id":378016,"edition_id":2,"section_id":378016,"structure_id":53722,"section_number":"8.2A-108","catch_line":"Unconscionability","history":"1991, c. 536.","full_text":"1\n\nIf 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.\n\n2\n\nWith 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.\n\n3\n\nBefore making a finding of unconscionability under subsection (1) or (2) 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 thereof, or of the conduct.\n\n4\n\nIn an action in which the lessee claims unconscionability with respect to a consumer lease:\n\na\n\nIf the court finds unconscionability under subsection (1) or (2) of this section, the court shall award reasonable attorney’s fees to the lessee.\n\nb\n\nIf the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney’s fees to the party against whom the claim is made.\n\nc\n\nIn determining attorney’s fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) of this section is not controlling.\n\n","order_by":null,"text":{"0":{"id":1410062,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":1410063,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":1410064,"text":"Before making a finding of unconscionability under subsection (1) or (2) 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 thereof, or of the conduct.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":1410065,"text":"In an action in which the lessee claims unconscionability with respect to a consumer lease:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4a"},"4":{"id":1410066,"text":"If the court finds unconscionability under subsection (1) or (2) of this section, the court shall award reasonable attorney’s fees to the lessee.","type":"section","prefixes":["4","a"],"prefix":"a","entire_prefix":"4a","prefix_anchor":"4a","level":2,"prior_prefix":"4","next_prefix":"4b"},"5":{"id":1410067,"text":"If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney’s fees to the party against whom the claim is made.","type":"section","prefixes":["4","b"],"prefix":"b","entire_prefix":"4b","prefix_anchor":"4b","level":2,"prior_prefix":"4a","next_prefix":"4c"},"6":{"id":1410068,"text":"In determining attorney’s fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) of this section is not controlling.","type":"section","prefixes":["4","c"],"prefix":"c","entire_prefix":"4c","prefix_anchor":"4c","level":2,"prior_prefix":"4b"}},"ancestry":[{"id":53722,"edition_id":2,"name":"General Provisions","identifier":"1","label":"part","depth":2,"order_by":1,"parent_id":53721,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 03:21:10","date_modified":"2026-08-02 12:28:30","permalink":{"id":1509371,"object_type":"structure","relational_id":53722,"identifier":"1","token":"8.2A\/1","url":"\/8.2A\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53721,"edition_id":2,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":17,"parent_id":null,"metadata":{"child_laws":80,"child_structures":8},"date_created":"2026-08-02 03:21:10","date_modified":"2026-08-02 12:28:30","permalink":{"id":1509369,"object_type":"structure","relational_id":53721,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378009,"structure_id":53722,"section_number":"8.2A-101","catch_line":"Short title","url":"\/8.2A-101\/","token":"8.2A\/1\/8.2A-101","metadata":false},{"id":378010,"structure_id":53722,"section_number":"8.2A-102","catch_line":"Scope","url":"\/8.2A-102\/","token":"8.2A\/1\/8.2A-102","metadata":false},{"id":378011,"structure_id":53722,"section_number":"8.2A-103","catch_line":"Definitions and index of definitions","url":"\/8.2A-103\/","token":"8.2A\/1\/8.2A-103","metadata":false},{"id":378012,"structure_id":53722,"section_number":"8.2A-104","catch_line":"Leases subject to other law","url":"\/8.2A-104\/","token":"8.2A\/1\/8.2A-104","metadata":false},{"id":378013,"structure_id":53722,"section_number":"8.2A-105","catch_line":"Territorial application of title to goods covered by certificate of title","url":"\/8.2A-105\/","token":"8.2A\/1\/8.2A-105","metadata":false},{"id":378014,"structure_id":53722,"section_number":"8.2A-106","catch_line":"Limitation on power of parties to consumer lease to choose applicable law and judicial forum","url":"\/8.2A-106\/","token":"8.2A\/1\/8.2A-106","metadata":false},{"id":378015,"structure_id":53722,"section_number":"8.2A-107","catch_line":"Waiver or renunciation of claim or right after default","url":"\/8.2A-107\/","token":"8.2A\/1\/8.2A-107","metadata":false},{"id":378016,"structure_id":53722,"section_number":"8.2A-108","catch_line":"Unconscionability","url":"\/8.2A-108\/","token":"8.2A\/1\/8.2A-108","metadata":false},{"id":378017,"structure_id":53722,"section_number":"8.2A-109","catch_line":"Option to accelerate at will","url":"\/8.2A-109\/","token":"8.2A\/1\/8.2A-109","metadata":false}],"previous_section":{"id":378015,"structure_id":53722,"section_number":"8.2A-107","catch_line":"Waiver or renunciation of claim or right after default","url":"\/8.2A-107\/","token":"8.2A\/1\/8.2A-107","metadata":false},"next_section":{"id":378017,"structure_id":53722,"section_number":"8.2A-109","catch_line":"Option to accelerate at will","url":"\/8.2A-109\/","token":"8.2A\/1\/8.2A-109","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-108\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":1509401,"object_type":"law","relational_id":378016,"identifier":"8.2A-108","token":"8.2A\/1\/8.2A-108","url":"\/8.2A-108\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.2A-108\/","token":"8.2A\/1\/8.2A-108","dublin_core":{"Title":"Unconscionability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-108","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> If the court<\/span> as a matter of law<\/span> finds a lease contract<\/span> or any clause of a lease contract<\/span> to have been unconscionable at the time it was made, the court<\/span> may refuse to enforce the lease contract<\/span>, or it may enforce the remainder of the lease contract<\/span> without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With respect to a consumer lease, if the court<\/span> as a matter of law<\/span> finds that a lease contract<\/span> or any clause of a lease contract<\/span> has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract<\/span>, the court<\/span> may grant appropriate relief. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Before making a finding<\/span> of unconscionability under subsection (1) or (2) of this section, the court<\/span>, on its own motion<\/span> or that of a party<\/span>, shall afford the parties a reasonable opportunity to present evidence<\/span> as to the setting, purpose, and effect of the lease contract<\/span> or clause thereof, or of the conduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In an action in which the lessee claims unconscionability with respect to a consumer lease: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> If the court<\/span> finds unconscionability under subsection (1) or (2) of this section, the court<\/span> shall award reasonable attorney’s fees to the lessee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If the court<\/span> does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court<\/span> shall award reasonable attorney’s fees to the party<\/span> against whom the claim is made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> In determining attorney’s fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) of this section is not controlling. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNCONSCIONABILITY (\u00a7 8.2A-108)\n\n1. If the court as a matter of law finds a lease contract or any clause of a\nlease contract to have been unconscionable at the time it was made, the court\nmay refuse to enforce the lease contract, or it may enforce the remainder of the\nlease contract without the unconscionable clause, or it may so limit the\napplication of any unconscionable clause as to avoid any unconscionable result.\n\n2. With respect to a consumer lease, if the court as a matter of law finds that\na lease contract or any clause of a lease contract has been induced by\nunconscionable conduct or that unconscionable conduct has occurred in the\ncollection of a claim arising from a lease contract, the court may grant\nappropriate relief.\n\n3. Before making a finding of unconscionability under subsection (1) or (2) of\nthis section, the court, on its own motion or that of a party, shall afford the\nparties a reasonable opportunity to present evidence as to the setting, purpose,\nand effect of the lease contract or clause thereof, or of the conduct.\n\n4. In an action in which the lessee claims unconscionability with respect to a\nconsumer lease:\n\n a. If the court finds unconscionability under subsection (1) or (2) of this\n section, the court shall award reasonable attorney’s fees to the lessee.\n\n b. If the court does not find unconscionability and the lessee claiming\n unconscionability has brought or maintained an action he or she knew to be\n groundless, the court shall award reasonable attorney’s fees to the\n party against whom the claim is made.\n\n c. In determining attorney’s fees, the amount of the recovery on behalf\n of the claimant under subsections (1) and (2) of this section is not\n controlling.\n\nHISTORY: 1991, c. 536.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}