Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 1401 - Prohibited contract provisionsNo contract, obligation or agreement shall contain any provision by which:
(a) The 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 other than as provided in section 402. (b) In the absence of the buyer's default in the performance of any of his obligations, the holder may accelerate the maturity of any part or all of the amount owing thereunder.(c) The seller or holder of the contract or other person acting on his behalf is given authority to enter upon the buyer's premises unlawfully or to commit any breach of the peace in the repossession of goods.(d) The buyer waives any right of action against the seller or holder of the contract or other person acting on his behalf, for any illegal act committed in the collection of payments under the contract or in the repossession of goods.(e) The buyer executes a power of attorney appointing the seller or holder of the contract, or other person acting on his behalf, as the buyer's agent in collection of payments under the contract or in the repossession of goods.(f) The buyer relieves the seller from liability for any legal remedies which the buyer may have against the seller under the contract or any separate instrument executed in connection therewith.(g) The buyer agrees to the payment of any charge by reason of the exercise of his right to rescind or avoid the contract.(h) The seller or holder of the contract is given the right to commence an action on a contract under the provisions of this act in a county other than the county in which the contract was in fact signed by the buyer, the county in which the buyer resides at the commencement of the action, the county in which the buyer resided at the time that the contract was entered into, or in the county in which the goods purchased pursuant to such contract have been so affixed to real property as to become a part of such real property.(i) An assignment of wages is given.(j) The seller or holder of the contract or any person acting on his behalf is given authority to execute upon a judgment by confession.(k) The seller or holder of the contract or any person acting on his behalf is given authority to take a mortgage or other security against residential real estate of the buyer or any other obligee to the contract.1966, Special Sess. No. 1, Oct. 28, P.L. 55, art. IV, § 401. Amended 1982, March 25, P.L. 199, No. 68, § 4, imd. effective.