84-2a-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum. (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used, the choice is not enforceable.
(2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
History: L. 1991, ch. 295, ยง 6; February 1, 1992.
KANSAS COMMENT, 1996
In consumer leases (defined in 84-2a-103(1)(e)), this section limits the effect of choice of law and choice of forum clauses. The section is based on the Uniform Consumer Credit Code (U3C), K.S.A. 16a-1-201(8), but is less protective of consumers. Thus, in states like Kansas that have enacted the U3C, its provisions will prevail. See 84-2a-104(1). The U3C invalidates any clause in a consumer lease providing that the law of another state applies, K.S.A. 16a-1-201(8)(a), that fixes venue, K.S.A. 16a-1-201(8)(c), or in which the consumer consents to jurisdiction in another state, K.S.A. 16a-1-201(8)(b).
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