Title 10, Chapter 1, Section 3
( 10-1-3)
(a) Every retail installment contract shall be in writing and shall
be completed as to all essential provisions prior to the signing
thereof by the buyer, except as provided in subsection (f) of this
Code section. The printed portion of the contract, other than
instructions for completion, shall be in at least six-point type.
The contract shall contain substantially the following notice in
clear and conspicuous type: "Notice to the Buyer Do not sign this before you read it or if it contains any blank
spaces. You are entitled to an exact copy of the paper you sign.
You have the right to pay in advance the full amount due and under
certain conditions to obtain a partial refund of the time price
differential." The contract shall contain the names of the seller and the buyer,
the place of business of the seller, and the residence or place of
business of the buyer as specified by the buyer. (b) The maximum number of payments and the amount and date of each
payment need not be separately listed if the payments are stated in
terms of a series of scheduled amounts and if the amount of the
final payment does not exceed by more than 50 percent the scheduled
amount of any of the preceding installments; in such cases, the
amount of the scheduled final payment shall be stated as the
remaining unpaid balance. The initial date for the payment of the
first installment may be a calendar date or may refer to the time of
delivery or installation. (c) A retail installment contract need not be contained in a single
document. If the contract is contained in more than one document,
then one such document may be an original document applicable to
purchases of goods or services to be made by the retail buyer from
time to time. (d)(1) Notwithstanding any other law, the seller under a retail
installment contract may charge, receive, and collect a time price
differential, which shall not exceed 13¢ per $1.00 per year on the
unpaid balance. (2) The time price differential under this subsection shall be
computed on the unpaid balance of each transaction on contracts
payable in successive monthly payments substantially equal in
amount for the period from the date of the contract to and
including the date when the final installment thereunder is
payable. When a retail installment contract is payable other than
in successive monthly payments substantially equal in amount, the
time price differential may be at the effective rate provided in
this subsection, having due regard for the schedule of payments.
The time price differential may be computed on the basis of a full
month for any fractional month period in excess of ten days.
Notwithstanding the other provisions of this subsection, a minimum
time price differential not in excess of the following amounts may
be charged on any retail installment contract: $12.00 on any
retail installment contract involving an initial unpaid balance of
$50.00 or more, $7.50 on a retail installment contract involving
an initial unpaid balance of more than $25.00 and less than
$50.00, and $5.00 on a retail installment contract involving an
initial unpaid balance of $25.00 or less. As used in this
subsection, "unpaid balance" shall be determined in accordance
with Section 226.8(c) of Regulation Z promulgated by the Board of
Governors of the Federal Reserve System pursuant to Title I (Truth
in Lending Act) and Title V (General Provisions) of the Consumer
Credit Protection Act (Public Law 90-321; 82 Stat. 146, et seq.)
as the same existed upon its becoming effective on July 1, 1969. (e) The seller shall present a completed copy of the retail
installment contract to the buyer at the time it is signed by the
buyer. Any acknowledgment by the buyer of receipt of a copy of the
contract shall be in clear and conspicuous type and, if contained in
the contract, shall appear directly above the buyer's signature. (f) No retail installment contract shall be signed by the buyer when
it contains blank spaces to be filled in after it has been signed,
except that, if delivery of the goods or services is not made at the
time of execution of the contract, the identification of the goods
or services and the due date of the first installment may be left
blank and later inserted by the seller in the seller's counterpart
of the contract after it has been signed by the buyer. The buyer's
written acknowledgment, conforming to the requirements of subsection
(e) of this Code section, of delivery of a copy of a contract shall
be presumptive proof in any action or proceeding of such delivery
and that the contract, when signed, did not contain any blank spaces
as provided in this subsection. (g) The seller under any retail installment contract shall, within
30 days after execution of the contract, deliver or mail or cause to
be delivered or mailed to the buyer at his aforesaid address any
policy or policies of insurance the seller has agreed to purchase in
connection therewith or in lieu thereof a certificate or
certificates of such insurance. The amount, if any, included for
insurance shall not exceed the applicable premiums chargeable in
accordance with the rates filed with the Insurance Department; if
any such insurance is canceled, unearned insurance premium refunds
received by the holder shall be credited to the final maturing
installment of the contract except to the extent applied toward the
payment for similar insurance protecting the interests of the seller
and the holder or either of them. Nothing in this article shall
impair or abrogate the right of a buyer to procure insurance from an
agent and company of his own selection, as provided by the insurance
laws of this state; and nothing contained in this article shall
modify, alter, or repeal any of the insurance laws of this state. (h) If the buyer so requests, the holder shall give or forward to
the buyer a receipt for any payment when made in cash. (i) Notwithstanding the provisions of any retail installment
contract to the contrary, any buyer may prepay in full at any time
before maturity the unpaid balance of any retail installment
contract and in so paying the unpaid balance shall receive a refund
credit thereon for such anticipation of payments. The amount of the
refund shall represent at least as great a proportion of the time
price differential after first deducting therefrom an acquisition
cost of $20.00 as the sum of the monthly time balances, beginning
one month after prepayment is made, bears to the sum of all the
monthly time balances under the schedule of payments in the
contract. This method of refund upon prepayment is commonly
referred to as the "Rule of 78" or the "Sum of the Digits" refund
method. Where the amount of the refund credit is less than $1.00, no
refund need be made. (j) In a retail installment transaction involving the modernization,
rehabilitation, repair, alteration, improvement, or construction of
real property, the buyer may be charged for and there may be
collected from him or there may be added to the cash sale price the
reasonable fees and costs actually to be paid for construction
authorizations and similar permits issued by public agencies. |