California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 2 — Credit Sales, Chapter 1 — Retail Installment Sales, Article 4 — Restrictions on Retail Installment Contracts, Section 1804.2

(a) An assignee of the seller’s rights is subject to all equities and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee’s liability may not exceed the amount of the debt owing to the assignee at the time of the assignment.

(b) The assignee shall have recourse against the seller to the extent of any liability incurred by the assignee pursuant to this section regardless of whether the assignment was with or without recourse.

Notes

Limits an assignee of a seller's rights by subjecting the assignee to the buyer's equities and defenses arising from the sale despite contrary agreement, but caps liability at the debt owed to the assignee when assigned. Allows the assignee recourse against the seller for liability incurred under the provision, whether or not the assignment was with recourse.

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