ยง476-19 - Preservation of buyer's rights; assignment.
ยง476-19ย Preservation of buyer's rights;
assignment.ย (a)ย No contract shall contain any provision by which a buyer
agrees not to assert against a seller a claim or defense arising out of the
sale or agrees not to assert against an assignee such a claim or defense.
(b)ย No contract shall require or entail the
execution of any note or series of notes by the buyer which when separately
negotiated will cut off as to third parties any right of action or defense
which the buyer may have against the seller.
(c)ย No rights of action or defense arising out
of a credit sale which the buyer has against the seller shall be cut off by
assignment; provided that any recovery thereon by the buyer shall not exceed
amounts paid and to be paid by the buyer on the contract and may be set-off
against such amount to be paid.ย If the buyer has a good cause of action or
defense against the seller, the seller's assignee has recourse against the
seller for any losses the assignee may incur as a result thereof.
(d)ย When an assignee asserts the assignee's
rights against a buyer, the buyer may assert any available defense against the
assignee as if the assignee were the seller. [L 1961, c 102, pt of ยง1; am L
1963, c 68, ยงยง4, 5; Supp, ยง201A-17; am L 1967, c 285, ยง6; HRS ยง476-18; am and
ren L 1984, c 86, pt of ยง1; am L 1992, c 178, ยง1]