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Civil Code - CIV - CIV § 1803.5
Civil Code - CIV - CIV § 1803.5
If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance: (a) The contract shall state whether the insurance is to be procured by the buyer or the seller. (b) The amount, included for such insurance, shall not exceed t
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Civil Code - CIV - CIV § 1803.6
Civil Code - CIV - CIV § 1803.6
(a) A contract may provide that for each installment in default the buyer shall pay a delinquency charge not in excess of one of the following amounts: (1) For a period in default of not less than 10 days, an amount not in excess of ten dollars ($10). (2) For a period in default
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Civil Code - CIV - CIV § 1803.7
Civil Code - CIV - CIV § 1803.7
The seller shall deliver to the buyer at the time of the buyer’s signature a legible copy of the contract or of any other document which the seller has required or requested the buyer to sign, and which he has signed, during the contract negotiation. In addition to the penalties
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Civil Code - CIV - CIV § 1803.8
Civil Code - CIV - CIV § 1803.8
Retail installment sales negotiated and entered into by mail or telephone without personal solicitation by a salesman or other representative of the seller, where the seller’s cash and deferred payment prices and other terms are clearly set forth in a catalog or other printed sol
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Civil Code - CIV - CIV § 1803.9
Civil Code - CIV - CIV § 1803.9
If it is explicitly understood between the seller and the buyer that all or any part of the cash price will be paid from the proceeds of a loan to be obtained by the buyer from a third party, the contract of sale or purchase order may be rescinded at the election of the buyer, an
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Civil Code - CIV - CIV § 1804.1
Civil Code - CIV - CIV § 1804.1
No contract or obligation shall contain any provision by which: (a) The buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense other than as provided in Section 1804.2. (b) In the
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Civil Code - CIV - CIV § 1804.2
Civil Code - CIV - CIV § 1804.2
(a) An assignee of the seller’s rights is subject to all equities and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee’s liability may not exceed the amount of the debt owing to the assignee at the ti
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Civil Code - CIV - CIV § 1804.3
Civil Code - CIV - CIV § 1804.3
(a) No contract other than one for services shall provide for a security interest in any goods theretofore fully paid for or which have not been sold by the seller. (b) Any contract for goods which provides for a security interest in real property where the primary goods sold are
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Civil Code - CIV - CIV § 1804.4
Civil Code - CIV - CIV § 1804.4
Any provision in a contract which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the contract.
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Civil Code - CIV - CIV § 1805.1
Civil Code - CIV - CIV § 1805.1
The holder of the contract shall not charge, collect, or receive a finance charge which exceeds the dollar amount shown pursuant to subdivision (b) of Section 1803.3, except to the extent (a) caused by the holder’s receipt of one or more payments under a contract which provides f
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Civil Code - CIV - CIV § 1805.2
Civil Code - CIV - CIV § 1805.2
Contracts may be payable in successive monthly, semimonthly or weekly installments.
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Civil Code - CIV - CIV § 1805.4
Civil Code - CIV - CIV § 1805.4
The finance charge shall be inclusive of all charges incident to investigating and making the contract and for the extension of the credit provided for in the contract, and no fee, expense or other charge whatsoever shall be taken, received, reserved or contracted for except as o
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Civil Code - CIV - CIV § 1805.6
Civil Code - CIV - CIV § 1805.6
(a) Notwithstanding the provisions of any contract to the contrary, except as provided in subdivision (b) or (c), no retail seller shall assess any finance charge for goods purchased under a retail installment contract until the goods are in the buyer’s possession. (b) A finance
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Civil Code - CIV - CIV § 1805.7
Civil Code - CIV - CIV § 1805.7
All contracts entered into between a buyer and a seller on or after January 1, 1983, shall provide for the calculation of the finance charge contemplated by item (1) of subdivision (a) of Section 1805.1 on the simple-interest basis if the date on which the final installment is du
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Civil Code - CIV - CIV § 1805.8
Civil Code - CIV - CIV § 1805.8
The maximum rate of finance charge which may be imposed on amounts advanced by the holder subsequent to the execution of the contract for insurance, repairs to or preservation of the goods, or preservation of the holder’s security interest therein, shall not exceed the annual per
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Civil Code - CIV - CIV § 1805.9
Civil Code - CIV - CIV § 1805.9
No contract shall provide for a finance charge which is determined in part by the precomputed basis and in part by the simple-interest basis, except for any finance charge permitted by Section 1805.8.
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Civil Code - CIV - CIV § 1806.1
Civil Code - CIV - CIV § 1806.1
Unless the buyer has notice of actual or intended assignment of a contract or installment account, payment thereunder made by the buyer to the last known holder of such contract or installment account, shall to the extent of the payment, discharge the buyer’s obligation.
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Civil Code - CIV - CIV § 1806.2
Civil Code - CIV - CIV § 1806.2
At any time after its execution, but not later than one year after the last payment thereunder, the holder of a contract shall, upon written request of the buyer made in good faith, promptly give or forward to the buyer a detailed written statement which will state with accuracy
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Civil Code - CIV - CIV § 1806.3
Civil Code - CIV - CIV § 1806.3
(a) Notwithstanding any provision of a contract to the contrary, the buyer may pay at any time before maturity the entire indebtedness evidenced by the contract without penalty. In the event of prepayment in full: (1) If the finance charge was determined on the precomputed basis,
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Civil Code - CIV - CIV § 1806.4
Civil Code - CIV - CIV § 1806.4
After the payment of all sums for which the buyer is obligated under a contract and upon demand made by the buyer, the holder shall deliver, or mail to the buyer at his last known address, such one or more good and sufficient instruments as may be necessary to acknowledge payment
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Civil Code - CIV - CIV § 1807.1
Civil Code - CIV - CIV § 1807.1
(a) The holder of a retail installment contract may, upon agreement with the buyer, extend the scheduled due date or defer the scheduled payment of all or of any part of any installment or installments payable thereunder. No charge shall be made for any such extension or defermen
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Civil Code - CIV - CIV § 1807.2
Civil Code - CIV - CIV § 1807.2
The holder of a retail installment contract or contracts may, upon agreement in writing with the buyer, refinance the remaining amount owing on the contract or contracts by providing for a new schedule of installment payments. The holder may charge and contract for the payment of
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Civil Code - CIV - CIV § 1807.3
Civil Code - CIV - CIV § 1807.3
(a) If any payment, other than a deferred downpayment, under a contract or refinancing agreement is more than twice the amount of an otherwise regularly scheduled equal payment, the contract or refinancing agreement shall contain the following provision: “The payment schedule con
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Civil Code - CIV - CIV § 1808.1
Civil Code - CIV - CIV § 1808.1
A retail installment contract, which otherwise conforms to the requirements of this chapter, may contain the provision that the seller may at his option add subsequent purchases made by the buyer to the contract, and that the total price of the goods or services covered by the co
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Civil Code - CIV - CIV § 1808.2
Civil Code - CIV - CIV § 1808.2
When a subsequent purchase is made, the entire amount of all payments made previous thereto shall be deemed to have been applied toward the payment of the previous deferred payment price or deferred payment prices. Each payment thereafter received shall be deemed to be allocated