(1) No holder shall sell, transfer, or assign any obligation in connection with a home improvement contract or any evidence of indebtedness thereunder to any person who is not authorized as a sales finance company.
(2) Notice of any assignment shall be sent to the owner immediately after the assignment is made.
(3) No promissory note or other evidence of indebtedness may be negotiated or otherwise transferred without simultaneous delivery of the related contract.
(4) No right of action or defense arising out of the transaction which gave rise to the home improvement contract which the buyer has against the home improvement finance seller and which would be cut off by assignment shall be cut off by assignment of the contract to any third person, whether or not he or she acquired the contract in good faith and for value.
History.—s. 1, ch. 69-44; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; ss. 30, 35, 36, ch. 90-103; s. 4, ch. 91-429; s. 698, ch. 97-103.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 520 - Retail Installment Sales
Part V - Home Improvement Sales and Finance (Ss. 520.60-520.98)
520.68 - Persons not required to be licensed.
520.69 - Scope of license authority; scope of provisions.
520.70 - Employee of the seller.
520.71 - Contract copy to owner.
520.72 - Cancellation of contract.
520.73 - Home improvement contract; form and content; separate disclosures.
520.74 - Provisions expressly prohibited.
520.75 - Buyer’s waiver of statutory protection.
520.76 - Insurance provisions, procurement, rates.
520.78 - Finance charge limitation.
520.785 - Simple-interest contracts.
520.79 - Unauthorized charges.
520.80 - Mortgages, promissory notes.
520.81 - Completion certificate.
520.82 - Statement of account.
520.83 - Cancellation of contract on payment in full.
520.84 - Credit to owner on prepayment.
520.85 - Delinquency and collection charges; court costs and attorney’s fees.
520.86 - Extension or deferment.
520.87 - Receipt for cash payment; payment to assignor.
520.88 - Assignments of contracts or notes.
520.91 - Uttering a false completion certificate.