Sec. 45.10.100. Consolidation of contracts.

409 words·~2 min read·/ak/title-45/chapter-10/45-10-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If, in a retail installment transaction, a retail buyer makes a purchase of goods or services from a retail seller from whom the buyer has previously purchased goods or services under a retail installment contract, and the amount under the previous contract has not been fully paid, the subsequent purchase may, at the seller's option, be included in and consolidated with the previous contract. This chapter, with respect to a retail installment contract, is applicable to the subsequent purchase. In the event of consolidation, the seller shall furnish to the buyer, before the due date of the first installment of the consolidated contract, the items of information under AS 45.10.030 or 45.10.040 and a memorandum setting out

(1)the outstanding balance of the previous contract or contracts;

(2)the amount of the time balance owed by the buyer to the seller for the subsequent purchase;

(3)the consolidated time balance; and

(4)the revised installments applicable to the consolidated time balance.

(b)The seller shall deliver a copy of the memorandum to the buyer before the due date of the first installment of the consolidated contract.

(c)When the subsequent purchase is made, if the seller has retained title or taken a lien or other security interest in any of the goods purchased under one of the contracts included in the consolidation,

(1)the entire amount of all payments made before the subsequent purchase is considered to have been applied on the previous purchase;

(2)if the amount of each installment payment is not increased in connection with the subsequent purchase, the subsequent payments are considered to be allocated first to the previous purchase;

(3)if the amount of each installment payment is increased in connection with the subsequent purchase, an amount equal to the original periodic payment is allocated first to the previous purchase, and the amount of the increase may, at the seller's option, be considered to be allocated to the subsequent purchase;

(4)the amount of a down payment on the subsequent purchase is allocated in its entirety to the subsequent purchase.

(d)The provisions of

(c)of this section do not apply to a case where the previous and subsequent purchases involve equipment, parts, or other goods attached or affixed to goods previously purchased and not fully paid, or to services in connection with goods previously purchased and not fully paid, rendered by the seller at the buyer's request.