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Session Laws, 1994
Volume 773, Page 2509   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 535

(A)     STATUTE OF THE UNITED STATES;

(B)      CERTIFICATE OF TITLE STATUTE OF THIS STATE;

(C)      CERTIFICATE OF TITLE STATUTE OF ANOTHER JURISDICTION (§
2A-105); OR

(D)     CONSUMER PROTECTION STATUTE OF THIS STATE.

(2)      IN CASE OF CONFLICT BETWEEN THE PROVISIONS OF THIS TITLE, OTHER
THAN §§ 2A-105, 2A-304(3), AND 2A-305(3), AND ANY STATUTE REFERRED TO IN
SUBSECTION (I), THE PROVISIONS OF THAT STATUTE CONTROL.

(3)      FAILURE TO COMPLY WITH ANY APPLICABLE STATUTE HAS ONLY THE
EFFECT SPECIFIED THEREIN.

(4)      THIS TITLE DOES NOT APPLY TO CONSUMER MOTOR VEHICLE LEASING
CONTRACTS SUBJECT TO TITLE 14, SUBTITLE 20 OF THIS ARTICLE OR LEASES FOR
CONSUMER GOODS SUBJECT TO TITLE 12, SUBTITLE 6 OF THIS ARTICLE.

2A-105. TERRITORIAL APPLICATION OF ARTICLE TO GOODS COVERED BY
CERTIFICATE OF TITLE

SUBJECT TO THE PROVISIONS OF §§ 2A-304(3) AND 2A-305(3), WITH RESPECT TO
GOODS COVERED BY A CERTIFICATE OF TITLE ISSUED UNDER A STATUTE OF THIS
STATE OR OF ANOTHER JURISDICTION, COMPLIANCE AND THE EFFECT OF
COMPLIANCE OR NONCOMPLIANCE WITH A CERTIFICATE OF TITLE STATUTE ARE
GOVERNED BY THE LAW (INCLUDING THE CONFLICT OF LAWS RULES) OF THE
JURISDICTION ISSUING THE CERTIFICATE UNTIL THE EARLIER OF (A) SURRENDER
OF THE CERTIFICATE OR (B) 4 MONTHS AFTER THE GOODS ARE REMOVED FROM
THAT JURISDICTION AND THEREAFTER UNTIL A NEW CERTIFICATE OF TITLE IS
ISSUED BY ANOTHER JURISDICTION.

2A-106. LIMITATION ON POWER OF PARTIES TO CONSUMER LEASE TO CHOOSE
APPLICABLE LAW AND JUDICIAL FORUM

(1)      IF THE LAW CHOSEN BY THE PARTIES TO A CONSUMER LEASE IS THAT OF
A JURISDICTION OTHER THAN A JURISDICTION: (A) IN WHICH THE LESSEE RESIDES
AT THE TIME THE LEASE AGREEMENT BECOMES ENFORCEABLE OR WITHIN 30 DAYS
THEREAFTER; (B) IN WHICH THE GOODS ARE TO BE USED; OR (C) IF THE GOODS ARE
TO BE USED IN MORE THAN ONE JURISDICTION, NONE OF WHICH IS THE RESIDENCE
OF THE LESSEE, IN WHICH THE LEASE IS EXECUTED BY THE LESSEE, THE CHOICE IS
NOT ENFORCEABLE.

(2)      IF THE JUDICIAL FORUM CHOSEN BY THE PARTIES TO A CONSUMER
LEASE IS A FORUM THAT WOULD NOT OTHERWISE HAVE JURISDICTION OVER THE
LESSEE, THE CHOICE IS NOT ENFORCEABLE.

- 2509 -

 

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Session Laws, 1994
Volume 773, Page 2509   View pdf image
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