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Civil Code - CIV - CIV § 2982.3
Civil Code - CIV - CIV § 2982.3
(a) The holder of a conditional sale 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 deferment
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Civil Code - CIV - CIV § 2982.5
Civil Code - CIV - CIV § 2982.5
(a) This chapter may not be deemed to affect a loan, or the security therefor, between a purchaser of a motor vehicle and a supervised financial organization, other than the seller of the motor vehicle, all or a portion of which loan is used in connection with the purchase of a m
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Civil Code - CIV - CIV § 2982.7
Civil Code - CIV - CIV § 2982.7
(a) Any payment made by a buyer to a seller pending execution of a conditional sale contract shall be refunded to the buyer in the event the conditional sale contract is not executed. (b) In the event of breach by the seller of a conditional sale contract or purchase order where
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Civil Code - CIV - CIV § 2982.8
Civil Code - CIV - CIV § 2982.8
(a) If a buyer is obligated under the terms of the conditional sale contract to maintain insurance on the vehicle and subsequent to the execution of the contract the buyer either fails to maintain or requests the holder to procure the insurance, any amounts advanced by the holder
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Civil Code - CIV - CIV § 2982.9
Civil Code - CIV - CIV § 2982.9
In the event a buyer obligates himself to purchase, or receive possession of, a motor vehicle pursuant to a contract or purchase order, and the seller knows that the buyer intends to obtain financing from a third party without the assistance of the seller, and the buyer is unable
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Civil Code - CIV - CIV § 2983
Civil Code - CIV - CIV § 2983
(a) Except as provided in subdivision (b), if the seller, except as the result of an accidental or bona fide error in computation, violates any provision of Section 2981.9, or of subdivision (a), (j), or (k) of Section 2982, the conditional sale contract shall not be enforceable,
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Civil Code - CIV - CIV § 2983.1
Civil Code - CIV - CIV § 2983.1
(a) If the seller or holder of a conditional sale contract, except as the result of an accidental or bona fide error of computation, violates any provision of subdivision (l) of Section 2982, the buyer may recover from the person three times the amount of any finance charge paid
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Civil Code - CIV - CIV § 2983.2
Civil Code - CIV - CIV § 2983.2
(a) Except where the motor vehicle has been seized as described in paragraph (6) of subdivision (b) of Section 2983.3, any provision in any conditional sale contract for the sale of a motor vehicle to the contrary notwithstanding, at least 15 days’ written notice of intent to dis
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Civil Code - CIV - CIV § 2983.3
Civil Code - CIV - CIV § 2983.3
(a) (1) In the absence of default in the performance of any of the buyer’s obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle. (2) Neither the act of filing a petition
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Civil Code - CIV - CIV § 2983.35
Civil Code - CIV - CIV § 2983.35
(a) If a creditor has requested a cosigner as a condition of granting credit to any person for the purpose of acquisition of a motor vehicle, the creditor or holder shall give the cosigner a written notice of delinquency prior to the repossession of the motor vehicle if the motor
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Civil Code - CIV - CIV § 2983.37
Civil Code - CIV - CIV § 2983.37
(a) After a sale of a vehicle under this chapter, a buy-here-pay-here dealer, as defined in Section 241 of the Vehicle Code, shall not do any of the following: (1) Utilize electronic tracking technology to obtain or record the location of the vehicle, unless the buyer is expressl
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Civil Code - CIV - CIV § 2983.4
Civil Code - CIV - CIV § 2983.4
Reasonable attorney’s fees and costs shall be awarded to the prevailing party in any action on a contract or purchase order subject to the provisions of this chapter regardless of whether the action is instituted by the seller, holder or buyer. Where the defendant alleges in his
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Civil Code - CIV - CIV § 2983.5
Civil Code - CIV - CIV § 2983.5
(a) An assignee of the seller’s right is subject to all equities and defenses of the buyer against the seller, 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 time of the assignment. (b)
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Civil Code - CIV - CIV § 2983.6
Civil Code - CIV - CIV § 2983.6
Any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
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Civil Code - CIV - CIV § 2983.7
Civil Code - CIV - CIV § 2983.7
No conditional sale contract shall contain any provision by which: (a) The buyer agrees not to assert against the seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense. (b) A power of attorney is given to confess jud
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Civil Code - CIV - CIV § 2983.8
Civil Code - CIV - CIV § 2983.8
Notwithstanding Section 2983.2 or any other provision of law, no deficiency judgment shall lie in any event in any of the following instances: (a) After any sale of any mobilehome for which a permit is required pursuant to Section 35780 or 35790 of the Vehicle Code for failure of
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Civil Code - CIV - CIV § 2984
Civil Code - CIV - CIV § 2984
Any failure to comply with any provision of this chapter (commencing with Section 2981) may be corrected by the holder, provided, however, that a willful violation may not be corrected unless it is a violation appearing on the face of the contract and is corrected within 30 days
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Civil Code - CIV - CIV § 2984.1
Civil Code - CIV - CIV § 2984.1
Every conditional sale contract shall contain a statement in contrasting red print in at least 8-point bold type which shall satisfy the requirements of Section 5604 of the Vehicle Code and be signed or initialed by the buyer, as follows: THE MINIMUM PUBLIC LIABILITY INSURANCE LI
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Civil Code - CIV - CIV § 2984.2
Civil Code - CIV - CIV § 2984.2
(a) No conditional sale contract, and no agreement between a seller and a buyer made in connection with a conditional sale contract, may provide for the inclusion of title to or a lien upon any property other than the following: (1) The motor vehicle which is the subject matter o
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Civil Code - CIV - CIV § 2984.3
Civil Code - CIV - CIV § 2984.3
Any acknowledgment by the buyer of delivery of a copy of a conditional sale contract or purchase order and any vehicle purchase proposal and any credit statement that the seller has required or requested the buyer to sign, and that he or she has signed, during the contract negoti
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Civil Code - CIV - CIV § 2984.4
Civil Code - CIV - CIV § 2984.4
(a) An action on a contract or purchase order under this chapter shall be tried in the superior court in the county where the contract or purchase order was in fact signed by the buyer, where the buyer resided at the time the contract or purchase order was entered into, where the
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Civil Code - CIV - CIV § 2984.5
Civil Code - CIV - CIV § 2984.5
(a) A seller shall maintain the following documents for at least seven years or the length of the conditional sales contract, whichever is longer: (1) A copy of each buyer’s conditional sales contract. (2) Any documents relied upon by the seller to determine a buyer’s creditworth
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Civil Code - CIV - CIV § 2984.6
Civil Code - CIV - CIV § 2984.6
A holder of a conditional sales contract, purchase order, or security interest, or the agent of a holder, who has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not make a subsequent assignment to skip trace, locate, or repossess the vehi
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Civil Code - CIV - CIV § 2985
Civil Code - CIV - CIV § 2985
(a) A real property sales contract is an agreement in which one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and that does not require conveyance of title within one year from the date of fo
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Civil Code - CIV - CIV § 2985.1
Civil Code - CIV - CIV § 2985.1
A real property sales contract may not be transferred by the fee owner of the real property unless accompanied by a transfer of the real property which is the subject of the contract, and real property may not be transferred by the fee owner thereof unless accompanied by an assig