§ 37-2-104 — "Consumer credit sale" defined.

(1) Except as provided in subsection (2), "consumer credit sale" is a sale of goods, services, or an interest in land in which: (a) credit is granted by a person who regularly engages as a seller in credit transactions of the same kind; (b) the buyer is a person other than an organization; (c) the goods, services, or interest in land are purchased primarily for a personal, family or household purpose; (d) either the debt is payable in installments or a credit service charge is made; and (e) with respect to a sale of goods or services, the amount financed does not exceed twenty-five thousand dollars. (2) Unless the sale is made subject to this title by agreement (Section 37-2-601), "consumer credit sale" does not include: (a) a sale in which a seller allows the buyer to purchase goods or services pursuant to a lender credit card or similar arrangement, or (b) a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate. Credit sales excluded from the definition of a consumer credit sale pursuant to this subsection are subject to the following provisions of this title: civil liability for violation of disclosure (Section 37-5-203) and voluntary complaint resolution (Section 37-6-117); and in credit sales excluded pursuant to item (b) limitations on selection of a closing attorney and insurance agent (Section 37-10-102(a)) and notice of assumption rights (Section 37-10-102(c)). (3) In the case of a consumer credit sale pursuant to a seller credit card the person engaged in making such credit sale is the card issuer and not another person honoring such credit card.

Legislative History

HISTORY: 1962 Code SECTION 8-800.144; 1974 (58) 2879; 1976 Act No. 686 SECTION 62; 1982 Act No. 385, SECTION 10; 1984 Act No. 355, SECTION 3.