§ 345.304 — PRESERVATION OF BUYER'S RIGHT OF ACTION OR DEFENSE.

Texas § 345.304

• Jurisdiction: Texas
• Code FI: Finance Code

Text

Sec. 345.304. PRESERVATION OF BUYER'S RIGHT OF ACTION OR DEFENSE. (a) A right of action or defense of a retail buyer arising out of a retail installment transaction is not affected by the negotiation of the retail installment contract or retail charge agreement to a third party except as authorized by other law and the third party:
(1) acquires the contract relying in good faith on a certificate of completion or certificate of satisfaction, if required by Section 345.081 ;
(2) gives notice of the negotiation to the buyer under Subsection (b); and
(3) does not receive from the buyer, before the 31st day after the day on which that notice is mailed, written notice of a fact that gives rise to a claim or defense of the buyer.
(b) A notice of negotiation must:
(1) be in writing addressed to the retail buyer at the address shown on the contract;
(2) identify the contract;
(3) state the names and addresses of the retail seller and retail buyer;
(4) describe the goods or services;
(5) state the time balance and a description of the payment schedule; and
(6) contain the following warning in at least 10-point type that is bold-faced, capitalized, or underlined or otherwise conspicuously set out from the surrounding written material:
ARE THE TERMS OF THE CONTRACT DESCRIBED ABOVE CORRECT AND ARE YOU SATISFIED WITH THE GOODS OR SERVICES FURNISHED? IF NOT, YOU SHOULD NOTIFY US GIVING DETAILS WITHIN 30 DAYS FROM THE DATE THE ABOVE NOTICE WAS MAILED.
SUBCHAPTER H. OTHER PROVISIONS APPLICABLE TO CONTRACTS AND AGREEMENTS

Legislative History

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.