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Texas Business & Commerce Code - Section 35.71. Definitions

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.71. Definitions

§ 35.71. DEFINITIONS. In this subchapter: (1) "Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement. (2) "Cash price" means the price for which the merchant would have sold the merchandise to the consumer for cash on the date of the rental-purchase agreement. (3) "Consumer" means an individual who leases personal property under a rental-purchase agreement. (3-a) "Loss damage waiver" means a merchant's agreement not to hold a consumer liable for loss from all or part of any damage to merchandise. (4) "Merchandise" means the personal property that is the subject of a rental-purchase agreement. (5) "Merchant" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement. (6) "Rental-purchase agreement" means an agreement for the use of merchandise by a consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. Added by Acts 1985, 69th Leg., ch. 209, § 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 816, § 24.001, eff. Sept. 1, 2003.

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