§ 1803.3. — 1803.3. (Amended by Stats. 1981, Ch. 1075, Sec. 6.)

California § 1803.3.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 2.
• Part 4.: TITLE 2. CREDIT SALES
• Ch. 1.: CHAPTER 1. Retail Installment Sales
• Art. 3.: ARTICLE 3. Provisions of Retail Installment Contracts

Text

Except as provided in Article 8 (commencing with Section 1808.1) of this chapter, a contract shall contain the following:
(a)
The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods or services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail sufficient to identify them in a separate writing.
(b)
Every contract subject
to this chapter shall contain the disclosures required by Regulation Z whether or not Regulation Z applies to the transaction. In addition, to the extent applicable, the contract shall contain the other disclosures and notices required by, and shall satisfy the requirements and limitations of, this section. The disclosures required by subdivision (c) may be itemized or subtotaled to a greater extent than as required by that subdivision and shall be made together and in the sequence set forth in that subdivision. No particular terminology is required to disclose the items set forth in subdivision (c) except as therein expressly provided. Except as otherwise provided by this subdivision (b), these disclosures and notices may appear in the contract in any location or sequence and may be combined or interspersed with other provisions of the contract.
(c)
The contract shall contain the following disclosures, as applicable, which shall be labeled
“itemization of the amount financed”:
(1)
(A)
The cash price, exclusive of taxes imposed on the sale.
(B)
Taxes imposed on the sale.
(C)
The total of the above.
(2)
An itemization of the amount to be paid to any public officer for official fees.
(3)
The aggregate amount of premiums agreed, upon execution of the contract, to be paid for policies of insurance included in the contract, excluding the amount of any insurance premium included in the finance charge.
(4)
A subtotal representing the sum of the foregoing items.
(5)
The amount of the
buyer’s downpayment, which downpayment shall not include any administrative finance charge charged, received, or collected by the seller pursuant to subdivision (c) of Section 1805.1 and as shown as item (6), itemized to show the following:
(A)
The net agreed value of the property being traded in.
(B)
The amount of any portion of downpayment to be deferred until not later than the due date of the second regularly scheduled installment under the contract and which is not subject to a finance charge.
(C)
The amount of any manufacturer’s rebate applied or to be applied to the downpayment.
(D)
The remaining amount paid or to be paid by the buyer as a downpayment.
(6)
The amount of any
administrative finance charge, labeled “prepaid finance charge.”
(7)
The difference between item (4) and the sum of items (5) and (6), labeled “amount financed.”
(d)
If the payment of all or a portion of the downpayment is to be deferred, the deferred payment shall be reflected in the payment schedule disclosed pursuant to Regulation Z.
(e)
If the downpayment includes property being traded in, the contract shall contain a brief description of that property.
(f)
(1)
Where the contract includes a finance charge determined on the precomputed basis, the contract shall identify the method of computing the unearned portion of the finance charge in the event of prepayment in full of the buyer’s obligation and contain a statement of the
amount or method of computation of any charge that may be deducted from the amount of any such unearned finance charge in computing the amount that will be credited to the obligation or refunded to the buyer. Reference to the Rule of 78’s, the sum of the digits, the sum of the periodic time balances or the actuarial method shall constitute a sufficient identification of the method of computing the unearned portion of the finance charge.
(2)
Where the contract includes a finance charge which is determined on the simple-interest basis but provides for a minimum finance charge in the event of prepayment in full, the contract shall contain a statement of that fact and the amount of the minimum finance charge or its method of calculation.
(g)
The contract shall contain an itemization of any insurance included as part of the amount financed disclosed pursuant to paragraph (3) of
subdivision (c) and of any insurance included as part of the finance charge. The itemization shall identify the type of insurance coverage and the premium charged therefor, and, if the insurance expires before the date of the last scheduled installment included in the repayment schedule, the term of the insurance shall be stated.

Legislative History

Amended by Stats. 1981, Ch. 1075, Sec. 6. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.