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Session Laws, 1967
Volume 681, Page 777   View pdf image (33K)
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SPIRO T. AGNEW, Governor                          777

(4) If the installment sale agreement is payable in successive
monthly installments, substantially equal in amount, for a period
other than a year, or for amounts other than One Hundred Dollars
($100.00), the amount of the maximum finance charge set forth
hereinabove in paragraphs (1) and (2) shall be decreased or in-
creased proportionately. When an installment sale agreement pro-
vides for either unequal or irregular installment payments, the
finance charge may be at a rate which will provide the same yield,
as is permitted on monthly payment installment sale agreements
under paragraphs (1), (2) and (3) above. As part of the seller's
regular practice, a seller may include fractional periods of fifteen
(15) days or more as a whole month, provided he also entirely ex-
cludes fractional periods of fourteen (14) days or less.

(b)  Such finance charge shall be computed on the principal balance
of the installment sale agreement or agreements payable in successive
monthly payments substantially equal in amount from the date of
the agreement until the due date of the final installment, notwith-
standing that the balance thereof is payable in installments.

(c)  Amounts due under installment sale agreements may be pay-
able in successive monthly, semi-monthly, or weekly installments.

(d)   Unless the buyer has notice of assignment of an installment
sale agreement, payments thereunder made by the buyer to the last
known holder of such agreement shall to the extent of the payment
discharge the buyer's obligation.

(e)  A buyer may at any time prepay all or any part of the out-
standing balance payable under an installment sale agreement of
the type covered by subsection (a) above. If the buyer pays such
balance in full before maturity, the seller or holder shall forthwith
refund to him a portion of the finance charge, including the charge
provided for in paragraph 3 of subsection (a) above. The amount
of such refund shall be calculated by the following method: The
amount of the refund shall represent at least as great a proportion
of the total finance charge as the sum of the periodical time balances
after the date of the prepayment bears to the sum of all the periodical
time balances, under the schedule of payments in the original agree-
ment; otherwise known as Rule of 78. Where the amount of the
credit for anticipation of payment is less than One Dollar ($1.00)
no refund need be made. In the event of prepayment the seller, in
any case, shall be entitled to retain a finance charge of not less than
Six Dollars ($6.00).

132B.

Any installment sale agreement, negotiated and entered into with-
out personal solicitation by a salesman or other representative of
the seller, where the seller's prices, terms of payment, and other
terms are clearly set forth in a catalog or other printed solicitation
of business which is generally available to the public, and which
contains at least two copies of the form of the agreement, may be
made as hereinafter provided. All the provisions of this subtitle
shall apply to such sales except that the seller shall not be required
to deliver a copy of the contract to the buyer as provided in Section
128 of this subtitle, and, if, when the proposed installment sale
agreement is received by the seller, from the buyer, there are blank
spaces to be filled in, or corrections to be made, the seller may insert


 

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Session Laws, 1967
Volume 681, Page 777   View pdf image (33K)
 Jump to  
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