Title 10, Chapter 1, Section 31
( 10-1-31)
(a) As used in this article, the term: (1) "Cash sale price" means the price stated in a retail
installment contract for which the seller would have sold to the
buyer and the buyer would have bought from the seller the motor
vehicle which is the subject matter of the retail installment
contract if such sale had been a sale for cash instead of a retail
installment transaction. The cash sale price may include any
taxes; registration, certificate of title, license, and other
fees; and charges for accessories and their installation and for
delivery, servicing, repairing, or improving the motor vehicle.
The cash sale price may also include any amount paid to the buyer
or to a third party on behalf of the buyer to satisfy a lease on
or a lien on or a security interest in a motor vehicle used as a
trade-in on the motor vehicle which is the subject of a retail
installment transaction under this article. (2) "Finance charge" means the amount agreed upon between the
buyer and the seller, as limited in this article, to be added to
the cash sale price, the amount, if any, included for insurance
and other benefits, if a separate charge is made therefor, and
official fees, in determining the time sale price. (3) "Holder" of a retail installment contract means the retail
seller of the motor vehicle under the contract or, if the contract
is purchased by a sales finance company or another assignee, the
sales finance company or other assignee at the time of the
determination. (4) "Motor vehicle" means any device or vehicle including
automobiles, motorcycles, motor trucks, trailers, and all other
vehicles operated over the public highways and streets of this
state and propelled by power other than muscular power but does
not include traction engines, road rollers, implements of
husbandry and other agricultural equipment, and such vehicles as
run only upon a track. (5) "Official fees" means the fees prescribed by law for filing,
recording, or otherwise perfecting and releasing or satisfying a
retained title or a lien created by a retail installment contract. (6) "Person" means an individual, partnership, corporation,
association, or any other group however organized. (7) "Purchase price" means the time balance shown in the contract
plus the down payment. (8) "Retail buyer" or "buyer" means a person who buys a motor
vehicle from a retail seller not principally for the purpose of
resale and who executes a retail installment contract in
connection therewith or a person who succeeds to the rights and
obligations of such person. (9) "Retail installment contract" or "contract" means an
instrument or instruments creating a purchase money security
interest. (10) "Retail installment seller" or "seller" means a person
engaged in the business of selling motor vehicles to retail buyers
in retail installment transactions. (11) "Retail installment transaction" means any transaction
evidenced by a retail installment contract. (12) "Sales finance company" means a person engaged in the
business of purchasing retail installment contracts from one or
more retail sellers. The term includes but is not limited to a
bank, trust company, or industrial loan company, if so engaged.
The term does not include the pledge of an aggregate number of
such contracts to secure a bona fide loan thereon. (13) "Time sale price" means the cash sale price of a motor
vehicle, the amount included for insurance and other benefits if a
separate charge is made therefor, official fees, and finance
charges. The time sale price may also include, if it has not been
included in the cash sale price, any amount paid to the buyer or
to a third party on behalf of the buyer to satisfy a lease on or a
lien on or a security interest in a motor vehicle used as a
trade-in on the motor vehicle which is the subject of a retail
installment transaction under this article. (b) The rules of statutory construction contained in Chapter 3 of
Title 1 shall apply to this article. |