North Carolina § 25A-23 Collateral taken by the seller

North Carolina Statutes

§ 25A-23 — Collateral taken by the seller

North Carolina § 25A-23

Ch. 25ARetail Installment Sales Act

This text of North Carolina § 25A-23 (Collateral taken by the seller) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 25A-23 (2026).

Text

(a)The seller in a consumer credit sale may take a security interest only in the following property of the buyer to secure the debt arising from the sale:

(1)The property sold,

(2)Property previously sold by the seller to the buyer and in which the seller has an existing security interest,

(3)Personal property to which the property sold is installed, if the amount financed is more than three hundred dollars ($300.00),

(4)Real property to which the property sold is affixed, if the amount financed is more than one thousand dollars ($1,000), and

(5)A self-propelled motor vehicle to which repairs are made, if the amount financed exceeds one hundred dollars ($100.00).

(6)Any property which is used for agricultural purposes, if the property sold is to be used in the operation of an agricu

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(a) The seller in a consumer credit sale may take a security interest only in the following property of the buyer to secure the debt arising from the sale:
(1) The property sold,
(2) Property previously sold by the seller to the buyer and in which the seller has an existing security interest,
(3) Personal property to which the property sold is installed, if the amount financed is more than three hundred dollars ($300.00),
(4) Real property to which the property sold is affixed, if the amount financed is more than one thousand dollars ($1,000), and
(5) A self-propelled motor vehicle to which repairs are made, if the amount financed exceeds one hundred dollars ($100.00).
(6) Any property which is used for agricultural purposes, if the property sold is to be used in the operation of an agricultural business.
(b) A security interest taken in property other than that permitted in subsection (a) of this section shall be void and not enforceable.
(c) Nothing in this section shall affect any right or liens granted by Chapter 44A of the General Statutes.
(d) The provisions of G.S. 24-11(a), limiting the taking of a security interest in property under an open end credit or similar plan, shall not apply to revolving charge account contracts regulated by this Chapter; provided, however, the application of payments rule set out in G.S. 25A-27 shall apply to such contracts; provided further, that in any action initiated by the seller for the possession of such property, a judgment for the possession thereof shall be restricted to commercial units (as defined in G.S. 25-2-105(6)) for which the cash price was one hundred dollars ($100.00) or more. (1971, c. 796, s. 1; 1977, c. 508; c. 789, s. 1.)