(1) A retail installment contract shall be in writing, shall contain all the agreements of the parties, shall contain the names of the motor vehicle dealer and the buyer, the place of business of the motor vehicle dealer, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make, year model, model and identification numbers or marks, and shall be signed by the buyer and the motor vehicle dealer.
(2) The printed portion of the contract shall be in at least 8-point type. The contract shall contain in printing or writing of a size equal to at least 10-point bold type, the following:
(a) Both at the top of the contract and directly above the space reserved for the signature of the buyer, the words “RETAIL INSTALLMENT CONTRACT”;
(b) A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included, if that is the case; and
(c) The following notice:
NOTICE TO THE BUYER
Do not sign this contract before you read it or if it contains any blank space, except that:
(1) If delivery of the motor vehicle or mobile home is to be made to you after this contract is signed, the serial number or other identifying information and the due date of the first installment may be filled in at the time of delivery; and
(2) If the name of the financing agency is not known at the time the contract is executed, the name of the financing agency may be inserted in the contract on or about the date the name of the financing agency is known.
You are entitled to a copy of this contract.
You have the right to pay off in advance the full amount due and to obtain a partial refund of the finance charge.
(3) The contract shall contain the following items:
(a) The cash sale price of the motor vehicle which is the subject matter of the retail installment sale.
(b) The amount of the buyer’s down payment, itemizing the amounts, if any, paid or credited in money or in goods and containing a brief description of the goods traded in.
(c) The difference between the items set forth in paragraphs (a) and (b) of this subsection.
(d) The amount, if any, included for insurance and other benefits, specifying the coverages and benefits. For purposes of this paragraph, “other benefits” includes any amounts actually paid or to be paid by the motor vehicle dealer pursuant to an agreement with the buyer to discharge a security interest, lien or lease interest on property traded in.
(e) The amount, if any, of official fees.
(f) The principal balance, which is the sum of the items set forth in paragraphs (c), (d) and (e) of this subsection.
(g) The amount of the finance charge.
(h) The time balance, which is the sum of the items set forth in paragraphs (f) and (g) of this subsection.
(i) The time sale price.
(j) A plain and concise statement of the amount in dollars of each installment or future payment to be made by the buyer, the number of installments required, and the date or dates at which, or period or periods in which, the installments are due.
(4) The contract may contain additional items to explain the calculations involved in determining the stated time balance to be paid by the buyer. [1957 c.625 §§2, 3, 5; 1979 c.816 §2; 1995 c.519 §3; 1999 c.525 §1; 2001 c.117 §5]Section: Previous 83.140 83.150 83.160 83.170 83.180 83.190 83.510 83.520 83.530 83.540 83.550 83.560 83.565 83.570 83.580 Next
Last modified: August 7, 2008