2011 Arizona Revised Statutes
Title 44 Trade and Commerce
44-289 Delinquent contract; recovery; transfer fees; blank spaces in contract

44-289. Delinquent contract; recovery; transfer fees; blank spaces in contract

A. If the contract or refinancing agreement so provides, the holder may, as to any delinquent contract, recover one or more of the following:

1. A reasonable amount for the holder's cost of collection.

2. Attorney's fees in a reasonable amount where such contract is referred for collection to an attorney not a salaried employee of the holder.

3. Court costs.

B. In the event of default under a contract, a licensee shall comply with all provisions of title 47, chapter 9, article 6, and be subject to the penalties prescribed therein. All sales of repossessed vehicles shall be conducted in a commercially reasonable manner.

C. As to each transfer of equity by a buyer or subsequent transferee, the holder of the contract shall be entitled to a transfer of equity fee not in excess of fifteen dollars. If the contract so provides, at the option of the holder, no such transfer of equity shall be valid against the holder without the written consent of the holder. No certificate of title shall be issued by the state of Arizona in the name of such transferee unless written consent of the holder accompanies the application for transfer of title.

D. No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after it has been signed except that, if delivery of the motor vehicle is not made at the time of the execution of the contract, the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be inserted in the contract after its execution. The buyer's written acknowledgment, conforming to the requirements of subsection B of section 44-286, of delivery of a copy of a contract shall be conclusive proof of such delivery, that the contract when signed, did not contain any blank spaces except as herein provided, and of compliance with this article in any action or proceeding by or against the holder of the contract.