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§ 12-1012. Repair contracts; nonconsumer borrowers

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 12. Credit Regulations
Subtitle 10. Credit Grantor Closed End Credit Provisions (Refs & Annos)
MD Code, Commercial Law, § 12-1012
§ 12-1012. Repair contracts; nonconsumer borrowers
(a)(1) This subtitle does not prohibit a credit grantor from including in the loan amount the cost to the borrower of a mechanical repair contract sold in connection with a motor vehicle, provided that the cost of the mechanical repair contract is separately itemized in the financing agreement.
(2) The cost of a mechanical repair contract sold in connection with a motor vehicle may be included in the loan amount whether or not the motor vehicle is covered by an original manufacturer's warranty.
(3) A credit grantor may not require a buyer of a motor vehicle, as a condition of receiving a loan, to enter a mechanical repair contract.
(b) This subtitle does not prohibit a credit grantor, in connection with a loan to a nonconsumer borrower, from:
(1) Extending or deferring all or any portion of any scheduled payment under the loan;
(2) Permitting prepayment or refinancing of the loan in whole or in part;
(3) Charging and collecting any charges in connection with the matters referred to in paragraphs (1) and (2) of this subsection; or
(4) Charging and collecting late or delinquency charges, attorney's fees, or collection charges.
(c)(1) This subtitle does not prohibit a credit grantor, in connection with a sale, from including in the loan amount the amounts actually paid or to be paid by the credit grantor pursuant to an agreement with the borrower, on behalf of the borrower to discharge any amount financed under an outstanding loan agreement or installment sale agreement or the unpaid portion of the early termination obligation under any lease or other obligation of the lessee, with respect to a motor vehicle or other property traded in.
(2) A credit grantor who is a seller of goods or services may not be deemed to be making loans for purposes of § 11-301(b)(6)(i) of the Financial Institutions Article merely by engaging in activities described in paragraph (1) of this subsection.

Credits

Added by Acts 1983, c. 143, § 1, eff. July 1, 1983. Amended by Acts 1989, c. 830, § 2; Acts 1995, c. 196, § 1, eff. Oct. 1, 1995; Acts 1999, c. 556, § 1, eff. Oct. 1, 1999.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
1999 Legislation
Acts 1999, c. 556, § 1, added subsec. (c).
MD Code, Commercial Law, § 12-1012, MD COML § 12-1012
Current through legislation effective July 1, 2019, from the 2019 Regular Session of the General Assembly.
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