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This entry was published on 2014-09-22
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Personal Property (PEP) CHAPTER 41, ARTICLE 9
§ 301. Definitions. In this article, unless the context or subject
matter otherwise requires:

1. "Motor vehicle" or "vehicle" means any device propelled or drawn by
any power other than muscular power, upon or by which any person or
property is or may be transported or drawn upon a public highway, road
or street except that it shall not include a "snowmobile" as defined in
subdivision three of section 21.05 of the parks, recreation and historic
preservation law. "Motor vehicle" or "vehicle" also means a "mobile
home" or a "manufactured home". "Mobile home" or "manufactured home"
means a structure, transportable in one or more sections, which in the
traveling mode, is eight body feet or more in width or forty body feet
or more in length, or when erected on site, is three hundred twenty or
more square feet, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein.

2. "Retail buyer" or "buyer" means a person who buys a motor vehicle
from a retail seller and who executes a retail instalment contract in
connection therewith.

3. "Retail seller" or "seller" means a person who sells a motor
vehicle to a retail buyer under or subject to a retail instalment

4. "Retail instalment sale" or "sale" means a sale, other than for a
commercial or business use or for the purpose of resale, of a motor
vehicle by a retail seller to a retail buyer for a time sale price
payable in two or more instalments, payment of which is secured by a
retail instalment contract. The cash sale price of the motor vehicle,
the amount, if any, included for insurance, official fees and credit
service charge shall together constitute the time sale price.

5. "Retail instalment contract" or "contract" means an agreement,
entered into in this state, pursuant to which the title to, the property
or a security interest in or a lien upon a motor vehicle, which is the
subject matter of a retail instalment sale, is retained or taken by a
retail seller from a retail buyer as security, in whole or in part, for
the buyer's obligation. The term includes such an agreement wherever
entered into if executed by the buyer in this state and if solicited in
person by a salesman or other person acting on his own behalf or that of
the seller. The term also includes a contract whereby a security
interest in favor of the seller is created or retained and a contract
for the bailment or leasing of a motor vehicle by which the bailee or
lessee contracts to pay as compensation for its use a sum substantially
equivalent to or in excess of its value and by which it is agreed that
the bailee or lessee is bound to become, or for no other or for a
nominal consideration has the option of becoming, the owner of the motor
vehicle upon full compliance with the terms of the contract.

6. "Cash sale price" means the cash sale price stated in a retail
instalment contract for which the seller would sell to the buyer, and
the buyer would buy from the seller, the motor vehicle which is the
subject matter of the retail instalment contract if the sale were a sale
for cash instead of a retail instalment sale. The cash sale price may
include any taxes, registration, license and other fees and charges for
insurance, for accessories and their installation and for delivering,
servicing, repairing or improving the motor vehicle and for other
services incidental to the agreement. It also may include the unpaid
balance of any amount financed under an outstanding motor vehicle loan
agreement or motor vehicle retail instalment contract or the unpaid
portion of the early termination obligation under an outstanding motor
vehicle retail lease agreement.

7. "Official fees" means the filing or other fees required by law to
be paid to a public officer to perfect the interest or lien, in or on a
motor vehicle, retained or taken by a seller under a retail instalment
contract, and to file or record a release, satisfaction or discharge of
the contract.

8. "Credit service charge" means that part of the time sale price by
which it exceeds the aggregate of the cash sale price and the amount, if
any, included in a retail instalment sale for insurance and official

9. "Financing agency" means a person engaged, in whole or in part, in
the business of purchasing retail instalment contracts from one or more
retail sellers. The term includes but is not limited to a bank, trust
company, savings bank, savings and loan association, private banker or
investment company, if so engaged. The term also includes a retail
seller engaged, in whole or in part, in the business of holding retail
instalment contracts acquired from retail buyers.

10. The "holder" of a retail instalment contract means the retail
seller of the motor vehicle under or subject to the contract or, if the
contract is purchased by a financing agency or other assignee, the
financing agency or other assignee.

11. "Person" means an individual, partnership, corporation,
association or other group, however organized.

12. Words in the singular include the plural and vice versa.