US Lawyer Database

§46B-2-4. Implied Warranty of Merchantability

(a) A warranty that the consumer goods will be merchantable is implied in every contract for the rental of consumer goods if the dealer is a merchant with respect to consumer goods of that kind. (b) Consumer goods to be merchantable must be at least such as: (1) Pass without objection in the trade under […]

§46B-2-5. Implied Warranty of Fitness for Particular Purpose

If the dealer, at the time the rental contract is made, has reason to know of any particular purpose for which the consumer goods are required and that the consumer is relying on the dealer's skill or judgment to select or furnish suitable consumer goods, there is in the rental contract an implied warranty that […]

§46B-2-6. Manufacturers' Warranties; Transfer of Warranties

When consumer goods that are subjects of a rent-to-own transaction are warranted by a manufacturer's or supplier's warranty or other warranty that may either be retained by the dealer or transferred to the consumer, the warranty shall be retained by the dealer so long as the dealer is responsible for maintaining the consumer goods. At […]

§46B-2-7. Disclaimer of Warranties and Remedies Prohibited

(a) Notwithstanding any other provision of law to the contrary with respect to consumer goods which are the subject of or are intended to become the subject of a rental contract subject to the provisions of this chapter, all warranties available to the consumer, express or implied, are cumulative and not exclusive, and the consumer […]

§46B-2-8. Third-Party Beneficiaries of Express and Implied Warranties

A warranty to or for the benefit of a consumer under this chapter, whether express or implied, extends to any natural person who is in the family or household of the consumer or who is a guest in the consumer's home if it is reasonable to expect that such person may use or be affected […]

§46B-2-9. Risk of Loss

Risk of loss is retained by the dealer and does not pass to the consumer until such time as the consumer receives the goods.

§46B-3-1. Default; Procedure

(a) Whether the dealer or the consumer is in default under a rental contract is determined by the rental agreement and this chapter. (b) If the dealer or the consumer is in default under the rental contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by […]

§46B-3-2. Notice After Default

Except as otherwise provided in this chapter, the dealer or consumer in default under the rental contract is not entitled to notice of default or notice of enforcement from the other party to the rental agreement.

§46B-3-3. Termination of Rent-to-Own Agreements

(a) Upon the termination of a rent-to-own agreement by a consumer, all obligations that are still executory by both parties are discharged, but any right based on a failure of the dealer to maintain the consumer goods in accordance with the provisions of section six of this article, or any other right based on prior […]

§46B-1-2. Scope

This chapter applies to any transaction, regardless of form, which creates a rental agreement for the rental of consumer goods, unless such transaction is specifically exempted from the application of this chapter by an express provision contained herein.