§ 10-1-1. Short Title
This article shall be known and may be cited as “The Retail Installment and Home Solicitation Sales Act.” History. Ga. L. 1967, p. 659, § 1.
§ 10-1-10. Disposition of Goods Repossessed After Default; Right to Recover Deficiency
When any goods have been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after said repossession he forwards by registered or certified mail or statutory overnight delivery to the address […]
§ 10-1-11. Second Mortgage Statute Not Affected; Exemption From Loan and Interest Statutes
Nothing contained in this article shall be construed so as to amend, modify, supersede, or repeal Article 2 of Chapter 4 of Title 7, relating to charges and interest on loans secured by secondary security deeds, as now or hereafter amended, nor shall any of the provisions of the loan or interest statutes of this […]
§ 10-1-12. Prior Contracts or Accounts Not Affected
This article shall not make unlawful contracts or accounts in effect prior to October 1, 1967. History. Ga. L. 1967, p. 659, § 12.
§ 10-1-13. Waiver of This Article Void
Any waiver of this article shall be unenforceable and void. History. Ga. L. 1967, p. 659, § 13.
§ 10-1-14. Limitation of Actions
No action shall be brought under this article more than four years after the person bringing the action knew or should have known of the occurrence of the alleged violation. The period of time specified by this Code section shall only apply to violations of this article which occur after July 1, 1979. History. Ga. […]
§ 10-1-15. Criminal and Civil Penalties
Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and shall be punished as for a misdemeanor for each subsequent offense. A violation of subsection (d) of […]
§ 10-1-16. Inapplicability of This Article to Educational Entities and Student Loan Transactions
This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly exempted from the operation of its provisions. History. Code 1981, […]
§ 10-1-2. Definitions; Construction
As used in this article, the term: “Cash sale price” means the price for which the seller would have sold or furnished to the buyer and the buyer would have bought or obtained from the seller the goods or services which are the subject matter of the retail installment transaction if such sale had been […]
§ 10-1-3. Requirements for Retail Installment Contracts; Time Price Differential; Prepayment; Inclusion of Construction Permit Costs
Every retail installment contract shall be in writing and shall be completed as to all essential provisions prior to the signing thereof by the buyer, except as provided in subsection (f) of this Code section. The printed portion of the contract, other than instructions for completion, shall be in at least six-point type. The contract […]
§ 10-1-4. Requirements for Revolving Accounts; Limitations on Time Price Differential
Every revolving account shall be in writing and shall be completed prior to the signing thereof by the retail buyer. The printed portion, other than instructions for completion, of any revolving account shall be in at least six-point type. Any such account shall contain the names of the seller and the buyer, the place of […]
§ 10-1-5. Mail Order and Telephone Sales
Retail installment contracts negotiated and entered into by mail or telephone without personal solicitation by salesmen or other representatives of the seller, where a catalogue of the seller or other printed solicitation of business which is distributed and made available generally to the public clearly sets forth the cash price and other terms of sales […]
§ 10-1-6. Buyer’s Right to Cancel Home Solicitation Sale
The buyer shall have a right to cancel a home solicitation sale agreement until 12:00 Midnight of the third business day after the day on which the buyer signs the agreement. Notice of cancellation under this Code section shall be given to the seller at the place of business as set forth in the agreement […]
§ 10-1-7. Providing for Payment of Delinquency Charges, Attorneys’ Fees, Court Costs, and Check Dishonor Fees
A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. The charge may not exceed $25.00. A delinquent charge shall not be collected more than once for the same […]
§ 10-1-8. Security Interest Not Taken on Certain Items; Application of Payments to Revolving Accounts; Written Agreements
Any security interest taken pursuant to a retail installment contract or revolving account shall not be taken with respect to clothing, softwares, and other nondurable items. Each payment with respect to a revolving account shall be applied to goods and services as follows: first to unpaid time price differential or finance charge; then, as to […]
§ 10-1-9. Transfer of Retail Installment Contracts or Revolving Accounts
Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or revolving account to any person, firm, or corporation on such terms and conditions and for such price as may be mutually agreed upon. Unless the buyer has notice of the assignment, payment thereunder made by the buyer to the last […]