MARVIN MANDEL, Governor

605

(1)   BE IN WRITING;

(2)   IDENTIFY THE CONTRACT;

(3)   DESCRIBE THE MERCHANDISE OR SERVICES;

(4) STATE THE NAME AND ADDRESS OF THE
ASSIGNEE; AND

(5) CONTAIN A CONSPICUOUS NOTICE TO THE BUYER
THAT:

(i) HE HAS 90 DAYS AFTER THE MAILING DATE OF
THE NOTICE OF ASSIGNMENT WITHIN WHICH TO NOTIFY THE
ASSIGNEE IN WRITING OF ANY COMPLAINT, CLAIM, OR DEFENSE
HE MAY HAVE AGAINST THE SELLER; AND

(ii) IF A WRITTEN NOTICE OF A COMPLAINT,
CLAIM, OR DEFENSE IS NOT RECEIVED BY THE ASSIGNEE WITHIN
THE 90 DAY PERIOD, THE ASSIGNEE MAY ENFORCE THE CONTRACT
FREE OF ANY CLAIM OR DEFENSE WHICH THE BUYER HAS AGAINST
THE SELLER.

(E)   NOTICE OF DEFENSE.

THE BUYER'S NOTICE OF DEFENSE SHALL BE:

(1)   IN WRITING;

(2)    ADDRESSED TO THE ASSIGNEE AT THE ADDRESS
DESIGNATED IN THE NOTICE OF ASSIGNMENT; AND

(3)   BAILED WITHIN 90 DAYS AFTER THE DATE OF
MAILING THE NOTICE OF ASSIGNMENT TO HIM.

(F)   RIGHTS OF BUYER.

THE RIGHTS OF A BUYER UNDER THIS SECTION MAY BE
ASSERTED ONLY AS A DEFENSE OR SETOFF AGAINST A CLAIM BY
THE ASSIGNEE.

(G)   REMEDY CUMULATIVE.

THE REMEDY PROVIDED IN THIS SECTION IS IN ADDITION
TO ANY OTHER REMEDY PROVIDED TO THE BUYER UNDER THE LAW
OF THE STATE, INCLUDING §§ 12-507 AND 12-628 OF THIS
ARTICLE RELATING TO RETAIL CREDIT ACCOUNTS AND RETAIL
INSTALLMENT SALES.

(H) WAIVER OF BENEFITS, DEFENSES, OR PROTECTION.

NO ACT, AGREEMENT, OR STATEMENT OF A MAKER OR BUYER
MAY CONSTITUTE A VALID WAIVER OF ANY BENEFIT, DEFENSE, OR
PROTECTION UNDER THIS SECTION, AND NO INSTRUMENT OR