A put-back claim, also called a repurchase remedy, is a buyer's assertion under a portfolio sale agreement that a transferred account, loan, or receivable meets a contractually specified condition for return or repurchase. The agreement may tie the remedy to a representation or warranty breach, an identified defect, or another stated event, and may set notice, timing, proof, price, and exclusion rules. 'Put-back' is common market shorthand, not a single, generally defined legal cause of action or automatic right; the governing agreement controls.
Put-Back Claim / Repurchase Remedy
A put-back claim or repurchase remedy is a contractually defined procedure allowing a debt buyer to return an ineligible or defective account to the seller for refund, credit, or substitution.
Operational Meaning & Core Elements
Statutory Framework & Jurisdictional Scope
This term describes a buyer–seller remedy, not a consumer's dispute of an account or a guaranteed result. The FDIC sample loan-sale agreement illustrates one set of negotiated repurchase conditions; it is not a universal rule. Consumer-debt rules have a defined personal, family, or household scope under Regulation F, while commercial claims can be governed by different contracts and laws. State law and the transaction's governing law may also affect the analysis.
Why It Matters for Debt Buyers, Creditors & Operators
The distinction matters when parties assess what was sold and what recourse the sale documents actually provide. A claimed defect does not, by itself, establish an entitlement to return an account: the contract may limit eligible events, require notice by a deadline, exclude certain defects, or specify a particular remedy. Separating this seller–buyer issue from consumer collection rules helps keep portfolio terminology precise without implying anything about payment, recovery, or enforcement outcomes.
Authoritative Primary Sources
Primary statutory texts, regulatory rules, and official agency guidance supporting this definition:
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