Sec. 348.412. BUYER'S WAIVER. (a) A retail installment contract may not:
(1) provide for a waiver of the retail buyer's rights of action against the holder or a person acting on the holder's behalf for an illegal act committed in:
(A) the collection of payments under the contract; or
(B) the repossession of the motor vehicle; or
(2) provide that the retail buyer agrees not to assert against the holder a claim or defense arising out of the sale.
(b) An act or agreement of the retail buyer before or at the time of the making of a retail installment contract or a purchase under the contract does not waive any provision of this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 348 - Motor Vehicle Installment Sales
Subchapter E. Holder's Rights, Duties, and Limitations
Section 348.403. Seller's Promise to Pay or Tender of Cash to Buyer as Part of Transaction
Section 348.404. Seller's Action for Incentive Program or to Pay for Buyer's Motor Vehicle
Section 348.405. Statement of Payments and Amount Due Under Contract
Section 348.406. Receipt for Cash Payment
Section 348.407. Retention or Disposition of Nonattached Personal Property
Section 348.408. Outstanding Balance Information; Payment in Full
Section 348.409. Liability Relating to Outstanding Balance Information
Section 348.410. Prohibition on Power of Attorney to Confess Judgment or Assignment of Wages
Section 348.411. Prohibition on Certain Acts of Repossession
Section 348.412. Buyer's Waiver
Section 348.413. Transfer of Equity
Section 348.414. Automobile Club Membership Offered in Connection With Retail Installment Contract