§ 5-327 — Consumers' right to recover attorney's fees in actions arising out of consumer contracts

New York § 5-327

• Jurisdiction: New York
• Law GOB: General Obligations
• Title 3: Certain Prohibited Contracts and Provisions of Contracts
• Art. 5: Creation, Definition and Enforcement of Contractual Obligations

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§ 5-327. Consumers' right to recover attorney's fees in actions\narising out of consumer contracts. 1. As used in this section, the\nfollowing terms shall have the following meanings:\n (a) "Consumer contract" means a written agreement entered into between\na creditor, seller or lessor as one party with a natural person who is\nthe debtor, buyer or lessee as the second party, and the money, other\npersonal property or services which are the subject of the transaction\nare primarily for personal, family or household purposes;\n (b) "Creditor" means a person who regularly extends, or arranges for\nthe extension of, credit which is payable by agreement in more than four\ninstallments or for which the payment of a finance charge is or may be\nrequired;\n (c) "Seller" means a person who sells or provides or agrees to sell or\nprovide the subject of a consumer transaction.\n (d) "Lessor" means a person who regularly leases, or arranges for the\nlease of, personal property which is the subject of a consumer contract.\n 2. Whenever a consumer contract provides that the creditor, seller or\nlessor may recover attorney's fees and expenses incurred as the result\nof a breach of any contractual obligation by the debtor, buyer or\nlessee, it shall be implied that the creditor, seller or lessor shall\npay the attorney's fees and expenses of the debtor, buyer or lessee\nincurred as the result of a breach of any contractual obligation by the\ncreditor, seller or lessor, or in the successful defense of any action\narising out of the contract commenced by the creditor, seller or lessor.\nAny limitations on attorney's fees recoverable by the creditor, seller\nor lessor shall also be applicable to attorney's fees recoverable by the\ndebtor, buyer or lessee under this section. Any waiver of this section\nshall be void as against public policy.\n