§ 301 — Definitions

New York § 301

• Jurisdiction: New York
• Law PEP: Personal Property
• Art. 9: Motor Vehicle Retail Instalment Sales Act

Text

§ 301. Definitions. In this article, unless the context or subject\nmatter otherwise requires:\n 1. "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 except that it shall not include a "snowmobile" as defined in\nsubdivision three of section 21.05 of the parks, recreation and historic\npreservation law. "Motor vehicle" or "vehicle" also means a "mobile\nhome" or a "manufactured home". "Mobile home" or "manufactured home"\nmeans a structure, transportable in one or more sections, which in the\ntraveling mode, is eight body feet or more in width or forty body feet\nor more in length, or when erected on site, is three hundred twenty or\nmore square feet, and which is built on a permanent chassis and designed\nto be used as a dwelling with or without a permanent foundation when\nconnected to required utilities, and includes the plumbing, heating,\nair-conditioning and electrical systems contained therein.\n 2. "Retail buyer" or "buyer" means a person who buys a motor vehicle\nfrom a retail seller and who executes a retail instalment contract in\nconnection therewith.\n 3. "Retail seller" or "seller" means a person who sells a motor\nvehicle to a retail buyer under or subject to a retail instalment\ncontract.\n 4. "Retail instalment sale" or "sale" means a sale, other than for a\ncommercial or business use or for the purpose of resale, of a motor\nvehicle by a retail seller to a retail buyer for a time sale price\npayable in two or more instalments, payment of which is secured by a\nretail instalment contract. The cash sale price of the motor vehicle,\nthe amount, if any, included for insurance, official fees and credit\nservice charge shall together constitute the time sale price.\n 5. "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 a motor vehicle, which is 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 a motor vehicle by which the bailee or\nlessee contracts to pay as compensation for its use a sum substantially\nequivalent to or in excess of its 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 motor\nvehicle upon full compliance with the terms of the contract.\n 6. "Cash sale price" means the cash sale price stated in a retail\ninstalment contract for which the seller would sell to the buyer, and\nthe buyer would buy from the seller, the motor vehicle which is the\nsubject matter of the retail instalment contract if the sale were a sale\nfor cash instead of a retail instalment sale. The cash sale price may\ninclude any taxes, registration, license and other fees and charges for\ninsurance, for accessories and their installation and for delivering,\nservicing, repairing or improving the motor vehicle and for other\nservices incidental to the agreement. It also may include the unpaid\nbalance of any amount financed under an outstanding motor vehicle loan\nagreement or motor vehicle retail instalment contract or the unpaid\nportion of the early termination obligation under an outstanding motor\nvehicle retail lease agreement.\n 7. "Official fees" means the filing or other fees required by law to\nbe paid to a public officer to perfect the interest or lien, in or on a\nmotor vehicle, retained or taken by a seller under a retail instalment\ncontract, and to file or record a release, satisfaction or discharge of\nthe contract.\n 8. "Credit service charge" means that part of the time sale price by\nwhich it exceeds the aggregate of the cash sale price and the amount, if\nany, included in a retail instalment sale for insurance and official\nfees.\n 9. "Financing agency" means a person engaged, in whole or in part, in\nthe business of purchasing retail instalment contracts from one or more\nretail sellers. The term includes but is not limited to a bank, trust\ncompany, savings bank, savings and loan association, private banker or\ninvestment company, if so engaged. The term also includes a retail\nseller engaged, in whole or in part, in the business of holding retail\ninstalment contracts acquired from retail buyers.\n 10. The "holder" of a retail instalment contract means the retail\nseller of the motor vehicle under or subject to the contract or, if the\ncontract is purchased by a financing agency or other assignee, the\nfinancing agency or other assignee.\n 11. "Person" means an individual, partnership, corporation,\nassociation or other group, however organized.\n 12. Words in the singular include the plural and vice versa.\n