Title 11, Chapter 2A, Section 304
( 11-2A-304)
Subsequent lease of goods by lessor. (1) Subject to Section 11-2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) and Code Section 11-2A-527(4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though: (a) The lessor's transferor was deceived as to the identity of the
lessor; (b) The delivery was in exchange for a check which is later
dishonored; (c) It was agreed that the transaction was to be a "cash sale"; or (d) The delivery was procured through fraud punishable as
larcenous under the criminal law. (2) A subsequent lessee in the ordinary course of business from a
lessor who is a merchant dealing in goods of that kind to whom the
goods were entrusted by the existing lessee of that lessor before
the interest of the subsequent lessee became enforceable against
that lessor obtains, to the extent of the leasehold interest
transferred, all of that lessor's and the existing lessee's rights
to the goods, and takes free of the existing lease contract. (3) A subsequent lessee from the lessor of goods that are subject to
an existing lease contract and are covered by a certificate of title
issued under a statute of this State or of another jurisdiction
takes no greater rights than those provided both by this section and
by the certificate of title statute. |