§ 24-7-4-9 — Assignee of lessor's rights; lessee's rights against assignee; contractual abridgement of lessee's claims or defenses

Indiana § 24-7-4-9

• Jurisdiction: Indiana
• Art. 7: RENTAL PURCHASE AGREEMENTS
• Ch. 4: Limitations

Text

(a) With respect to a rental purchase agreement,
an assignee of the rights of the lessor is subject to all claims and
defenses of the lessee against the lessor arising from the lease of
property or services.
(b) A claim or defense of a lessee specified in subsection (a) may be
asserted against the assignee under this section only if the lessee has
made a good faith attempt to obtain satisfaction from the lessor with
respect to the claim or defense and then only to the extent of the
amount owing the assignee with respect to the sale or the lease of the
property or services to which the claim or defense arose at the time the
assignee has written notice of the claim or defense. Written notice of
the claim or defense may be given before the attempts specified in this
subsection. For the purposes of this subsection, written notice is any
written notification other than notice on a coupon, billing statement, or
any other payment medium or material supplied by the assignee.
(c) An agreement may not limit or waive the claims or defenses of
a lessee under this section.

Legislative History

As added by P.L.254-1987, SEC.1. Amended by P.L.45-1995, SEC.18.