|
378 LAWS OF MARYLAND [Ch. 49
provisions of §12—108, and as inconsistent
with §12—107. In this regard, see B.F. Saul
Co. v. West End Park. 250 Md. 707, 716 (1968).
The phrase "but not limited to" is deleted as
unnecessary since use of the word "including"
is not intended in any sense to be
exclusionary or limiting; the maxim of
expression unius est exclusio alterius and
doctrines of similar implication are not
intended, therefore, to be made applicable by
reason of deletion.
The only other changes are in style.
Notwithstanding the reference to "time—price
differentials" the Attorney General has opined
that this subtitle does not apply to true
credit, or "time," sales. 55 Op. Att'y Gen.
17 (1970); see, also Falcone v. Palmer Ford,
242 Md. 487 (1965) and Rothman v. Silver, 245
Md. 292 (1967). This does not mean, however,
that a transaction simply described as a "time
sale" is exempt from the subtitle if, in
reality, it is a disguised loan designed to
circumvent the State usury laws. 55 Op. Att'y
Gen. 17 (1970). Credit sales are regulated,
inter alia, by the Retail Credit Accounts Law
(Subtitle 5 of this title), the Retail
Installment Sales Act (Subtitle 6 of this
title), and the provisions of Real Property,
Title 10, Subtitle 1 relating to land
installment contracts.
(F) LENDER.
"LENDER" MEANS A PERSON WHO MAKES A LOAN UNDER THIS
SUBTITLE.
REVISOR'S NOTE: This subsection is new language
added to indicate that, in this subtitle, the
term "lender" relates only to a person who
lends money under the provisions of this
subtitle and not, for example, under any other
credit law.
(G) PERSON.
"PERSON" INCLUDES AN INDIVIDUAL, CORPORATION,
BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP, ASSOCIATION,
TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST, OR
ANY OTHER LEGAL OR COMMERCIAL ENTITY.
REVISOR'S NOTE: This subsection is new language
|
 |