What Is Retail Installment Agreement





2. Retail Installment Contract Requirements under the Federal Truth in Loans Act For each retail payment agreement, the lender must disclose in writing the following information: Providers of “secondary credits”, defined as extensions of consumer loans, (i) that are not granted under the terms of a credit card account; (ii) which are not subject to a financing commission (as defined in Regulation Z, 12 CFR 1026.4); and (iii) which are not payable by agreement in addition to four instalments”, are exempt from certain procedural requirements of Regulation B. See 12 C.F.R. § 1002.3(c) (Ancillary Credit). 3. A Buyer may pay the full balance in advance Any Buyer may pay the outstanding balance of the Payment Agreement in full in advance at any time prior to its final due date, even if the Retail Payment Agreement provides otherwise. §56-1-2(J). The Retail Sales Act and the Truth in Loans Act require creditors to make certain disclosures when offering consumers a retail instalment contract. While the wording of the requirements varies, much of the same information is required by each statute. A creditor who complies with the Loan Truth Act and its regulations is considered to be in compliance with the Retail Sales Act. NMSA §56-1-15. [8] Regulation Z, 12 C.F.R.





§ 1026.1(c)(1). Similarly, under Regulation Z, a `lender` is limited to `a person who regularly renews a consumer credit, who is subject to financing charges or who is payable by written agreement in addition to four instalments (without deposit) and to whom the obligation must initially be paid either on the front of the note or contract, or by agreement if there is no note or contract”. 12 C.F.R. § 1026.2(17)(i). The official interpretation continues: “Regulation B covers a wider range of credit transactions than Regulation Z (Truth in Loans). Under Rule B, a transaction is solvent if there is a right to charge for payment of a debt – whether the loan is for personal or commercial purposes, the number of payments required for repayment, or the transaction is subject to financing charges. “Id. a. A notice in bold stating that the Buyer must read the Contract before signing it and that the Buyer is entitled to a copy of the signed Contract; b. The names of the Seller and the Buyer; c. The location of the seller; d. The Buyer`s address provided by the Buyer; e.

A description of the goods sold or the services to be provided; f. The selling price of the goods or services; g. The amount of the buyer`s deposit; h. the difference between points (f) and (g); i. The total amount, if any, included for insurance; j. The total amount of the official costs (including statutory fees for the deposit, registration or otherwise the processing and release or performance of any retained property, lien or other security created by the credit transaction); k. The principal balance (i.e., the cash price of the goods or services plus any amounts of insurance and service charges, less the consumer`s down payment); l….

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