7-4-3. Finance charges on certain retail installment contracts; contract provisions related to manufactured homes; violations.

Notwithstanding the provisions of subsections (a) through (c) of Code Section 10-1-33, any retail installment contract pertaining to:#

1. (1)

   Any manufactured home with a cash sale price of more than $3,000.00; or#

2. (2)

   Any motor vehicle where the amount financed is $5,000.00 or more#

3. may provide for such finance charge as the parties may agree in writing.

1. (1)

   Any retail installment contract pertaining to a manufactured home or any consumer loan secured by such a home shall contain the contract provisions required by subsection (c) of Section 501 of the Depository Institutions Deregulation and Monetary Control Act of 1980, Public Law 96-221 (12 U.S.C. Section 1735f-7, notes).#

2. (2)

   Any person violating this subsection shall be subject to the liability specified in Code Section 7-4-5; provided, however, that the contract or loan shall still be entitled to the benefits of the other provisions of Code Section 7-4-2.#

As used in this Code section, the term:#

1. (1)

   “Finance charge” means the amount agreed upon between the buyer and the seller to be added to the cash sale price and, if a separate charge is made therefor, the amount, if any, included for insurance and other benefits and official fees, in determining the time sale price.#

2. (2)

   “Manufactured home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of Housing and Urban Development and complies with the standards established under The National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.#

3. (3)

   “Retail installment contract” or “contract” means an instrument or instruments creating a purchase money security interest or any instrument evidencing an obligation secured by a purchase money security interest.#