Michigan Compiled Laws § 445.868 Violation Of Act; Effect As To Recovery Rights Of Seller.


445.868 Violation of act; effect as to recovery rights of seller.

Sec. 18.

Any seller who enters into any contract or agreement which does not comply with the provisions of this act or who violates any provision of this act except as a result of accidental or bona fide error is barred from the recovery of any time price differential, any official fees, delinquency or collection charge, attorney fees or court costs and the buyer shall be entitled to recover his reasonable attorney fees and court costs from the seller or his assigns.

Notwithstanding the provisions of this section, nothing in this act shall bar recovery upon a contract which is lawful where executed and is executed outside this state by a buyer who was not at the time of such execution a bona fide resident of this state, except that no seller or seller's assign may in any such action recover a greater total time price differential upon any retail installment contract or charge agreement than the maximum lawful rate which would have been permitted by this act if such contract or agreement had been executed in this state.


History: 1966, Act 224, Eff. Mar. 10, 1967


Section: Previous  445.862a  445.863  445.864  445.865  445.865a  445.866  445.867  445.868  445.869  445.870  445.871  445.871a  445.872  445.873    Next

Last modified: October 10, 2016