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Abstract

Using the case of the Contract Buyers League and the prevalence of colonias, where many homes are purchased on contract, this Article analyzes installment housing contracts with regard to the common law defense of unconscionability. Not only do the circumstances leading to such contracts, the terms of the contract, and the effects on buyers of the contract often meet the doctrinal definition of unconscionability, but these contracts are also implicated in racial-ethnic inequality. This Article thus argues that courts should view installment housing contracts as presumptively unconscionable.

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