2015 Louisiana Laws
Revised Statutes
TITLE 9 - Civil Code-Ancillaries
RS 9:1131.30 - Preservation of claims and defenses
§1131.30. Preservation of claims and defenses
A. Any cause of action or defense, for which the remedy of rescission of a sale is provided in the Louisiana Condominium Act,* which a purchaser may raise against a timeshare interest seller arising out of a timeshare interest sale is preserved against any assignee or successor to the contract of sale or to any credit contract executed by the purchaser in connection with the timeshare interest sale.
B. Sellers and creditors shall include the following language in promissory notes executed in connection with timeshare interest sales:
NOTICE
ANY HOLDER OF THIS CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES FOR WHICH RESCISSION OF THE CONTRACT OF SALE IS PROVIDED IN THE LOUISIANA CONDOMINIUM ACT AND WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF SERVICES OR PROPERTY OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS THEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Acts 1984, No. 943, §3, eff. July 20, 1984.
*R.S. 9:1121.101.
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