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Session Laws, 1975
Volume 716, Page 482   View pdf image
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182

LAWS OF MARYLAND

[Ch. 49

The only other changes are in style.
12-607. PROVISIONS NOT ALLOWED IN INSTRUMENTS.

(A)   PROVISIONS PROHIBITED.

A HOLDER MAY NOT TAKE OR RECEIVE ANY INSTRUMENT FROM
A BUYER OR A SURETY FOR A BUYER, WHICH CONTAINS:

(1)    EXCEPT AS PROVIDED IN SUBSECTION (B) OF
THIS SECTION, ANY BLANK SPACE TO BE FILLED IN AFTER THE
INSTRUMENT IS SIGNED BY A PARTY TO IT;

(2)    A CONFESSION OF JUDGMENT OR ANY POWER OF
ATTORNEY TO APPEAR FOR THE BUYER OR FOR A SURETY FOR THE
BUYER TO CONFESS JUDGMENT;

(3)    A SCHEDULE OF PAYMENTS UNDER WHICH ANY
INSTALLMENT, EXCEPT THE DOWN PAYMENT, IS MORE THAN DOUBLE
THE AVERAGE OF ALL OTHER INSTALLMENTS, EXCLUDING THE DOWN
PAYMENT, OR UNDER WHICH THE INTERVAL BETWEEN ANY
CONSECUTIVE INSTALLMENTS IS LESS THAN ONE-HALF THE
AVERAGE OF ALL OTHER INTERVALS, UNLESS THE BUYER IS GIVEN
AN ABSOLUTE RIGHT, ON DEFAULT IN ANY OF THE EXCESS OR
IRREGULAR INSTALLMENTS, TO HAVE THE SCHEDULE OF UNPAID
INSTALLMENTS, INCLUDING THAT IN DEFAULT, REVISED TO
CONFORM IN BOTH AMOUNTS AND INTERVALS TO THE AVERAGE OF
ALL PRECEDING INSTALLMENTS AND INTERVALS;

(4) A PROVISION FOR REPOSSESSION OF THE GOODS
OR FOR THE ACCELERATION OF THE TIME WHEN ANY PART OR ALL
OF THE TIME BALANCE BECOMES PAYABLE, IF THE CONDITION OF
THE REPOSSESSION OR ACCELERATION IS THAT THE HOLDER
CONSIDERS HIMSELF INSECURE;

(5)    A PROVISION BY WHICH THE BUYER WAIVES OR
PURPORTS TO WAIVE A TORT CLAIM OR BY WHICH THE SELLER HAS
THE RIGHT TO ENTER UNLAWFULLY UPON ANY PREMISES;

(6)   A PROVISION BY WHICH A PERSON ACTING ON
BEHALF OF A HOLDER IN CONNECTION WITH THE FORMATION OR
EXECUTION OF AN AGREEMENT IS TREATED AS AN AGENT OF THE
BUYER; OR

(7)    AN ASSIGNMENT OR ORDER FOR PAYMENT OF
WAGES, WHETHER EARNED OR TO BE EARNED.

(B)   EXCEPTION.

IF, AT THE TIME OF ITS EXECUTION, AN INSTALLMENT
SALE AGREEMENT CONTAINS A SUFFICIENT DESCRIPTION OF THE
GOODS AS REQUIRED BY §12-606 OF THIS SUBTITLE, FURTHER
SERIAL NUMBERS OR OTHER IDENTIFYING MARKS ON THE GOODS
MAY BE INSERTED IN THE AGREEMENT ON DELIVERY OF THE

 

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Session Laws, 1975
Volume 716, Page 482   View pdf image
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