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Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 23. LEASE-PURCHASE AGREEMENTS

10-1-684. Prohibited agreement provisions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. A lease-purchase agreement shall not contain a provision:

  2. (1)

    Requiring a garnishment of wages or a power of attorney to confess a judgment;#

  3. (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;#

  4. (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;#

  5. (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;#

  6. (5)

    Requiring any collection or repossession charges in excess of those allowable under Code Section 10-1-7 and applicable court rules; or#

  7. (6)

    Providing that the lessee cannot return the leased property to the lessor at the end of any term.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, page 505; merge action: carried; file SHA-256 7afbade16da7.