§ 491 — Definitions

§ 491. Definitions. In this article, unless the context or subject\nmatter otherwise requires:\n 1. "Goods" means all chattels personal, but not including money and\nthings in action.\n 2. "Motor vehicle" or "vehicle" means any device propelled or drawn by\nany power other than muscular power, upon or by which any person or\nproperty is or may be transported or drawn upon a public highway, road\nor street. Unless otherwise specified, "motor vehicle" or "vehicle" also\nmeans a "mobile home" or "manufactured home". "Mobile home" or\n"manufactured home" means a structure, transportable in one or more\nsections, which in the traveling mode, is eight body feet or more in\nwidth or forty body feet or more in length, or when erected on site, is\nthree hundred twenty or more square feet, and which is built on a\npermanent chassis and designed to be used as a dwelling with or without\na permanent foundation when connected to required utilities, and\nincludes the plumbing, heating, air-conditioning and electrical systems\ncontained therein.\n 3. "Instalment buyer" or "buyer" or "retail buyer" means a person who\nbuys goods from a retail seller and who executes a retail instalment\ncontract in connection therewith.\n 4. "Instalment seller" or "seller" or "retail seller" means a person\nwho sells goods to a retail buyer under or subject to a retail\ninstalment contract.\n 5. "Retail instalment sale" or "sale" means a sale, other than for a\ncommercial or business use or for the purpose of resale, of goods by a\nretail seller to a retail buyer for a time sale price payable in two or\nmore instalments, payment of which is secured by a retail instalment\ncontract.\n 6. "Retail instalment contract" or "contract" means an agreement,\nentered into in this state, pursuant to which the title to, the property\nor a security interest in or a lien upon the goods, which are the\nsubject matter of a retail instalment sale, is retained or taken by a\nretail seller from a retail buyer as security, in whole or in part, for\nthe buyer's obligation. The term includes such an agreement wherever\nentered into if executed by the buyer in this state and if solicited in\nperson by a salesman or other person acting on his own behalf or that of\nthe seller. The term also includes a contract whereby a security\ninterest in favor of the seller is created or retained and a contract\nfor the bailment or leasing of goods by which the bailee or lessee\ncontracts to pay as compensation for their use a sum substantially\nequivalent to or in excess of their value and by which it is agreed that\nthe bailee or lessee is bound to become, or for no other or for a\nnominal consideration has the option of becoming, the owner of the goods\nupon full compliance with the terms of the contract.\n 6-a. "Retail instalment obligation" or "obligation" means an\nagreement, entered into in this state, pursuant to which the buyer\npromises to pay, in instalments, the time sale price or prices of goods\nand/or services, or any part thereof. The term does not include (a) a\nretail instalment contract, (b) a retail instalment credit agreement or\n(c) an obligation which is intended to be and is ultimately insured or\nguaranteed under title three of the act of Congress entitled\n"Servicemen's Readjustment Act of 1944".\n 6-b. "Retail instalment credit agreement" or "credit agreement" means\nan agreement entered into in this state, pursuant to which the buyer\npromises to pay, in instalments, his outstanding indebtedness from time\nto time to a retail seller, not evidenced by a retail instalment\ncontract or obligation, for one or more items of goods or services,\nwhenever purchased or obtained, which provides for a service charge and\nunder which instalment payments apply to his outstanding indebtedness\nfrom time to time.\n 7. "Sales finance company" means a person engaged, in whole or in\npart, directly or indirectly, in the business of purchasing or otherwise\nacquiring retail instalment contracts, obligations or credit agreements\nmade by and between other parties, or any interest therein. The term\nincludes a retail seller of motor vehicles engaged, in whole or in part,\nin the business of holding retail instalment contracts acquired from\nretail buyers, which have aggregate unpaid time balances of twenty-five\nthousand dollars or more at any one time, exclusive of contracts\nrepurchased from a sales finance company or financing agency, under an\nagreement to repurchase in case of default entered into as an incident\nto the bona fide sale thereof to a sales finance company or financing\nagency. The term does not include the pledgee of an aggregate number of\ncontracts to secure a bona fide loan thereon. The term includes a person\nengaged, in whole or in part, directly or indirectly, in the business of\nentering into retail instalment credit agreements with retail buyers\npursuant to subdivision eleven of section four hundred thirteen of the\npersonal property law.\n 8. "Superintendent" means the superintendent of financial services.\n 9. "Person" means an individual, partnership, corporation, association\nor other group, however organized.\n 10. Words in the singular include the plural and vice versa.\n