The Retail Installment Contract And Security Agreement is essential for businesses selling goods on credit in the United States. This document serves dual purposes: structuring the installment sale and creating a security interest in the sold goods. It must comply with federal regulations (TILA, UCC) and state-specific retail installment sales laws, making it crucial for protecting both seller and buyer interests. The agreement typically includes purchase price, payment terms, interest rates, default provisions, and specific disclosures required by law. It's particularly useful for high-value consumer goods where buyers prefer payment over time.
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1. 1. Parties: Identification of seller/creditor and buyer/debtor with complete legal names and addresses
2. 2. Background: Context of the retail transaction and security agreement, including the purpose of the purchase
3. 3. Definitions: Key terms used throughout the agreement including 'Collateral', 'Payment Terms', 'Security Interest'
4. 4. Description of Goods: Detailed description of items being purchased including make, model, serial numbers, and condition
5. 5. Purchase Price and Payment Terms: Total price, down payment, installment amounts, payment schedule, and interest rate details
6. 6. Security Interest: Terms of the security interest in the purchased goods, including filing requirements
7. 7. Default Provisions: Definition of default events, consequences of default, and available remedies
8. 8. Governing Law: Specification of applicable state law and jurisdiction
9. 9. Signatures: Execution block for all parties with dates and notarization if required
1. Insurance Requirements: Required when goods need to be insured, specifying type and amount of coverage
2. Maintenance Requirements: Obligations to maintain the collateral in good condition and repair
3. Trade-in Details: Information about trade-in items including valuation and condition
4. Assignment Rights: Terms regarding the seller's right to assign the contract to third parties
1. Schedule A - Payment Schedule: Detailed breakdown of payment dates, amounts, and allocation between principal and interest
2. Schedule B - TILA Disclosure Statement: Federal required disclosures of credit terms including APR and finance charges
3. Schedule C - Item Specification Sheet: Detailed specifications of purchased items including serial numbers and features
4. Schedule D - State-Specific Disclosures: Required state law disclosures and notices based on jurisdiction
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