Current through the 2024 Legislative Session
Section 687.0304 - Credit agreements(1) DEFINITIONS.-For the purposes of this section: (a) "Credit agreement" means an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation.(b) "Creditor" means a person who extends credit under a credit agreement with a debtor.(c) "Debtor" means a person who obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.(2) CREDIT AGREEMENTS TO BE IN WRITING.-A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.(3) ACTIONS NOT CONSIDERED AGREEMENTS.-(a) The following actions do not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of subsection (2): 1. The rendering of financial advice by a creditor to a debtor;2. The consultation by a creditor with a debtor; or3. The agreement by a creditor to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under prior credit agreements, or extending installments due under prior credit agreements.(b) A credit agreement may not be implied from the relationship, fiduciary, or otherwise, of the creditor and the debtor.