2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 1 - Retail Installment and Home Solicitation Sales
§ 10-1-16. Inapplicability of This Article to Educational Entities and Student Loan Transactions

This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly exempted from the operation of its provisions.

(Code 1981, §10-1-16, enacted by Ga. L. 1985, p. 251, § 1.)

- For article, "The Income-Based Repayment Plans and For-Profit Education: How Does This Combination Affect the Question to Include Student Loans in Bankruptcy?," see 32 Georgia St. U.L. Rev. 603 (2016).

ARTICLE 2 MOTOR VEHICLE SALES FINANCING

Cross references.

- Purchase and resale of motor vehicles and parts generally, T. 40, C. 4.

Used car dealers, T. 43, C. 47.

- For article discussing federal truth-in-lending provisions and their relation to state laws, see 6 Ga. St. B. J. 19 (1969). For article discussing methods of computation of finance charges in Georgia consumer credit contracts, see 30 Mercer L. Rev. 281 (1978). For article, "The Federalization and Privatization of Public Consumer Protection Law in the United States: Their Effect on Litigation and Enforcement," see 24 Ga. St. U.L. Rev. 663 (2008). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975).

ANALYSIS

• General Consideration
• Federal Preemption

General Consideration

Mobile homes.

- The sale of a mobile home comes within the provisions of Ga. L. 1967, p. 674, § 1. Holder v. Brock, 129 Ga. App. 732, 200 S.E.2d 912 (1973), overruled on other grounds, Tucker v. Chung Studio of Karate, Inc., 142 Ga. App. 818, 237 S.E.2d 223 (1977); Smith v. Society Nat'l Bank, 141 Ga. App. 19, 232 S.E.2d 367 (1977); Porter v. Midland-Guardian Co., 145 Ga. App. 262, 243 S.E.2d 595, rev'd on other grounds, 242 Ga. 1, 247 S.E.2d 743 (1978).

- The mere presence of an acceleration clause is not violative of Ga. L. 1967, p. 674, § 1. Green v. Citizens & S. Bank, 153 Ga. App. 342, 265 S.E.2d 286 (1980).

- A "documentary preparation" fee explicitly identified as such in an automobile finance contract and added to the unpaid balance of the purchase price as an "other charge" was not a finance charge since it was charged to all consumer purchasers (both cash and credit). Therefore, the contract complied with state and federal law. Ferris v. Chrysler Credit Corp., 764 F.2d 1475 (11th Cir.), rehearing denied, 770 F.2d 1084 (11th Cir. 1985).

- Georgia law, rather than South Carolina law, governed a mobile home retail installment sales contract entered into by South Carolina buyers with a Georgia dealer since the contract contained a choice of law provision indicating that the contract should be construed in accordance with the laws of the state in which the seller's place of business was located. Moyer v. Citicorp Homeowners, Inc., 799 F.2d 1445 (11th Cir. 1986).

Cited in Motor Contract Co. v. Sawyer, 123 Ga. App. 207, 180 S.E.2d 282 (1971); Geiger Fin. Co. v. Graham, 123 Ga. App. 771, 182 S.E.2d 521 (1971); Smith v. Singleton, 124 Ga. App. 394, 184 S.E.2d 26 (1971); Whittlesey v. Ford Motor Credit Co., 542 F.2d 245 (5th Cir. 1976); Jordan v. Ford Motor Credit Co., 141 Ga. App. 280, 233 S.E.2d 256 (1977); Smith v. General Fin. Corp., 143 Ga. App. 390, 238 S.E.2d 694 (1977); Mullins v. Oden & Sims Used Cars, Inc., 148 Ga. App. 250, 251 S.E.2d 65 (1978); Coppage v. Mellon Bank, 150 Ga. App. 92, 256 S.E.2d 671 (1979); Parker v. George Thompson Ford, Inc., 83 F.R.D. 378 (N.D. Ga. 1979); Grover v. Vintage Credit Corp., 155 Ga. App. 759, 272 S.E.2d 732 (1980); In re McLeod, 5 Bankr. 520 (N.D. Ga. 1980); In re Weaver, 5 Bankr. 522 (N.D. Ga. 1980).

Federal Preemption

Protection of federal preemption from state law interest ceilings.

- A mobile home financing contract which did not affirmatively misrepresent the debtor's federal statutory guarantees satisfied the prerequisites for obtaining the protection of federal preemption from state law interest ceilings. Grant v. GECC, 764 F.2d 1404 (11th Cir. 1985), cert. denied, 476 U.S. 1124, 106 S. Ct. 1993, 90 L. Ed. 2d 673 (1986).

- Federal law preempted the application of O.C.G.A. Art. 2, Ch. 1, T. 10 to contracts which were made in compliance with regulations promulgated by the Federal Home Loan Bank Board. Moyer v. Citicorp Homeowners, Inc., 799 F.2d 1445 (11th Cir. 1986).

OPINIONS OF THE ATTORNEY GENERAL

Mobile homes.

- Mobile homes are included in the definition of motor vehicles contained in Ga. L. 1967, p. 674, § 2 and thereby subject to Ga. L. 1967, p. 659, § 1. 1967 Op. Att'y Gen. No. 67-410.

Proof of Statutory Unfair Business Practices, 36 POF3d 221.

- Civil rights and liabilities as affected by failure to comply with statute upon sale of motor vehicle, 63 A.L.R. 688; 94 A.L.R. 948.

Quantum, degree, or weight of evidence to sustain usury charge, 51 A.L.R.2d 1087.