Contracts

Under New York law, a real estate contract that is 'unconscionable' may be:

AEnforced against both parties without modification

BRefused enforcement by a court, or limited to the enforcement of the non-unconscionable portion, if the court finds the contract was oppressive or unreasonably one-sided✓ Correct

COnly voided if one party was a minor

DRewritten by the court to reflect fair market terms

Explanation

Under New York's Uniform Commercial Code (applied by analogy to real estate) and common law principles, a court may decline to enforce a contract (or an unconscionable clause) that it finds was unconscionable at the time it was made — typically involving both procedural unconscionability (unfair bargaining) and substantive unconscionability (unfair terms). The court may refuse enforcement, enforce without the unconscionable clause, or limit the clause.