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2018 Georgia Code 10-1-684 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 23 LEASE-PURCHASE AGREEMENTS

10-1-684. Prohibited agreement provisions.

A lease-purchase agreement shall not contain a provision:

  1. Requiring a garnishment of wages or a power of attorney to confess a judgment;
  2. Granting authorization to the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of goods;
  3. Requiring the lessee to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf (as the lessee's agent on the lessor's behalf or as the lessee's agent) in collection of payments under the lease or in the repossession of goods;
  4. Requiring the lessee to agree not to assert against a lessor or against an assignee a claim or defense arising out of the lease;
  5. Requiring any collection or repossession charges in excess of those allowable under Code Section 10-1-7 and applicable court rules; or
  6. Providing that the lessee cannot return the leased property to the lessor at the end of any term.

(Code 1981, §10-1-684, enacted by Ga. L. 1985, p. 1341, § 1.)

Law reviews.

- For article surveying commercial law in 1984-1985, see 37 Mercer L. Rev. 139 (1985).

JUDICIAL DECISIONS

Cited in Shamrock Rental Co. v. Huffman, 63 Bankr. 737 (Bankr. N.D. Ga. 1986).

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