10-1-2
Code Resources
Georgia Resources
Georgia Website
Georgia Governor
Georgia Legislature
Georgia Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
10-1-2.
(a)
As used in this article, the term:
(1)
'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 a sale for cash. The cash sale
price may include any applicable taxes and charges for delivery, installation,
servicing, repairs, alterations, or improvements.
(2)
'Goods' means all personalty when purchased primarily for personal, family, or
household use, including certificates or coupons issued by a retail seller
exchangeable for personalty or services, but not including motor vehicles. The
term 'goods' includes such personalty which is furnished or used at the time of
sale or subsequently in the modernization, rehabilitation, repair, alteration,
improvement, or construction of real property so as to become a part thereof,
whether or not severable therefrom.
(3)
'Holder' of a retail installment contract means the retail seller of the goods
or services under the contract or, if the contract is purchased by a sales
finance company or other assignee, the sales finance company or other assignee
at the time of the determination.
(4)
'Home solicitation sale' means a consumer credit sale in which the purchase
price is payable in installments and the seller or his representative solicits
the sale in person and the buyer´s agreement or offer to purchase is made
at a home other than that of the person soliciting the sale and the contract is
signed at the time of such solicitation.
(5)
'Motor vehicle' means any device or vehicle operated over the public highways
and streets of this state and propelled by other than muscular power but does
not include traction engines, road rollers, implements of husbandry and other
agricultural equipment, and such vehicles as run only upon a track.
(6)
'Official fees' means the fees prescribed by law for filing, recording, or
otherwise perfecting or releasing or satisfying any title or lien retained or
taken by a seller in connection with a retail installment transaction.
(7)
'Person' means an individual, partnership, corporation, association, and any
other group however organized.
(8)
'Retail buyer' or 'buyer' means a person who buys goods or obtains services from
a retail seller in a retail installment transaction and not principally for the
purpose of resale.
(9)
'Retail installment contract' or 'contract' means an instrument or instruments
reflecting one or more retail installment transactions entered into in this
state pursuant to which goods or services may be paid for in installments. The
term includes a series of transactions made pursuant to an instrument or
instruments providing for the addition of the amount financed plus the time
price differential for the current sale to an existing balance. It does not
include a revolving account or an instrument reflecting a sale pursuant thereto.
(10)
'Retail installment transaction' or 'transaction' means any transaction to sell
or furnish or the sale of or the furnishing of goods or services evidenced by a
retail installment contract or a revolving account.
(11)
'Retail seller' or 'seller' means a person regularly engaged in, and whose
business consists to a substantial extent of, selling goods or services to a
retail buyer. The term also includes a seller who regularly grants credit to
retail buyers for the purpose of purchasing goods or services from any other
person pursuant to a retail installment contract or a revolving charge account.
(12)
'Revolving account' or 'account' means an instrument or instruments prescribing
the terms of retail installment transactions which may be made thereafter from
time to time pursuant thereto, under which the buyer´s total unpaid
balance, whenever incurred, is payable in installments over a period of time and
under the terms of which a time price differential or finance charge is to be
computed in relation to the buyer´s balance from time to time.
(13)
'Sales finance company' means a person engaged in the business of purchasing
retail installment contracts from one or more retail sellers. The term includes
but is not limited to a bank, trust company, or industrial loan company, if so
engaged. The term does not include the pledge of an aggregate number of such
contracts to secure a bona fide loan thereon.
(14)
'Services' means:
(A)
Work, labor, or other personal services furnished for personal, family, or
household use, whether or not furnished in connection with the delivery,
installation, servicing, repair, or improvement of goods, and includes such
work, labor, or personal services furnished in connection with the
modernization, rehabilitation, repair, alteration, improvement, or construction
upon or in connection with real property;
(B)
Privileges with respect to transportation, hotel and restaurant accommodations,
education, entertainment, recreation, and the like; and
(C)
Insurance provided in connection with a retail installment transaction.
(15)
'Time price differential' means the amount, however denominated or expressed,
paid or payable for the privilege of purchasing goods or services to be paid for
by the buyer in installments; it does not include the amounts, if any, charged
for insurance premiums, delinquency charges, attorneys´ fees, court costs,
or official fees.
(b)
The rules of statutory construction contained in Chapter 3 of Title 1 shall
apply to this article.