reglab/housing_qa huggingface dataset:
14A OK Stat § 14A-2-404 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-404. When assignee not subject to defense.

|(1) With respect to a consumer credit sale or consumer lease, an agreement by the buyer or lessee not to assert against an assignee a claim or defense arising out of the sale or lease is enforceable only by an assignee not related to the seller or lessor who acquires the buyer's or lessee's contract in good faith and for value, who gives the buyer or lessee notice of the assignment as provided in this section and who, within thirty (30) days after the mailing of the notice of assignment, receives no written notice of the facts giving rise to the buyer's or lessee's claim or defense. This agreement is enforceable only with respect to claims or defenses which have arisen before the end of the thirty-day period after notice was mailed. The notice of assignment shall be in writing and addressed to the buyer or lessee at his address as stated in the contract, identify the contract, describe the goods or services, state the names of the seller or lessor and buyer or lessee, the name and address of the assignee, the amount payable by the buyer or lessee and the number, amounts and due dates of the installments, and contain a conspicuous notice to the buyer or lessee that he has thirty (30) days within which to notify the assignee in writing of any complaints, claims or defenses he may have against the seller or lessor and that if written notification of the complaints, claims or defenses is not received by the assignee within the thirty-day period, the assignee will have the right to enforce the contract free of any claims or defenses the buyer or lessee may have against the seller or lessor which have arisen before the end of the thirty-day period after notice was mailed. |(2) An assignee does not acquire a buyer's or lessee's contract in good faith within the meaning of subsection (1) if the assignee has knowledge or, from his course of dealing with the seller or lessor or his records, notice of substantial complaints by other buyers or lessees of the seller's or lessor's failure or refusal to perform his contracts with them and of the seller's or lessor's failure to remedy his defaults within a reasonable time after the assignee notifies him of the complaints.(3) To the extent that under this section an assignee is subject to claims or defenses of the buyer or lessee against the seller or lessor, the assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee and rights of the buyer or lessee under this section can only be asserted as a matter of defense to or setoff against a claim by the assignee.Added by Laws 1969, c. 352, § 2-404, eff. July 1, 1969. Amended by Laws 1982, c. 335, § 25, operative June 1, 1982.
14A OK Stat § 14A-2-405 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-405. Balloon payments.

|With respect to a consumer credit sale, other than one pursuant to a revolving charge account, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the buyer has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable to the buyer than the terms of the original sale. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer. |Added by Laws 1969, c. 352, § 2-405, eff. July 1, 1969. Amended by Laws 1982, c. 335, § 26, operative June 1, 1982.
14A OK Stat § 14A-2-406 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-406. Restriction on liability in consumer lease.

|The obligation of a lessee upon expiration of a consumer lease may not exceed twice the average payment allocable to a monthly period under the lease. This limitation does not apply to charges for damages to the leased property or for other default. |Added by Laws 1969, c. 352, § 2-406, eff. July 1, 1969. Amended by Laws 1982, c. 335, § 27, operative June 1, 1982.
14A OK Stat § 14A-2-407 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-407. Security in sales or leases.

|(1) With respect to a consumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is One Thousand Dollars ($1,000.00) or more, or, in the case of a security interest in goods the debt secured is Two Hundred Dollars ($200.00) or more. Except as provided with respect to cross-collateral (Section 2-408), a seller may not otherwise take a security interest in property of the buyer to secure the debt arising from a consumer credit sale. |(2) With respect to a consumer lease, a lessor may not take a security interest in property of the lessee to secure the debt arising from the lease.(3) A security interest taken in violation of this section is void.(4) "Security interest" as used in this section means a security interest arising by agreement of the parties and does not include a lien arising by operation of law.Added by Laws 1969, c. 352, § 2-407, eff. July 1, 1969. Amended by Laws 1982, c. 335, § 28, operative June 1, 1982.
14A OK Stat § 14A-2-408 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-408. Cross-collateral.

|(1) In addition to contracting for a security interest pursuant to the provisions on security in sales or leases (Section 2-407), a seller in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt. |(2) If the seller contracts for a security interest in other property pursuant to this section, the rate of credit service charge thereafter on the aggregate unpaid balances so secured may not exceed that permitted if the balances so secured were consolidated pursuant to the provisions on consolidation involving a refinancing (subsection (1) of Section 2-206). The seller has a reasonable time after so contracting to make any adjustments required by this section. "Seller" in this section does not include an assignee not related to the original seller.Added by Laws 1969, c. 352, § 2-408, eff. July 1, 1969.
14A OK Stat § 14A-2-409 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-409. Debt secured by cross-collateral.

|(1) If debts arising from two or more consumer credit sales, other than sales pursuant to a revolving charge account, are secured by cross-collateral (Section 2-408) or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item is paid. |(2) Payments received by the seller upon a revolving charge account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.(3) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.Added by Laws 1969, c. 352, § 2-409, eff. July 1, 1969. Amended by Laws 1982, c. 335, § 29, operative June 1, 1982.
14A OK Stat § 14A-2-410 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-410. No assignment of earnings.

|A seller or lessor may not take an assignment of earnings of the buyer or lessee for payment or as security for payment of a debt arising out of a consumer credit sale or a consumer lease. An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable by the buyer or lessee. This section does not prohibit an employee from authorizing deductions from his earnings if the authorization is revocable. |Added by Laws 1969, c. 352, § 2-410, eff. July 1, 1969.
14A OK Stat § 14A-2-411 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-411. Referral sales.

|With respect to a consumer credit sale or consumer lease the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a violation of this section to enter into a consumer credit sale or consumer lease, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his option, may rescind the agreement or retain the goods delivered and the benefit of any services performed, without any obligation to pay for them. |Added by Laws 1969, c. 352, § 2-411, eff. July 1, 1969.
14A OK Stat § 14A-2-412 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-412. Notice of assignment.

|The buyer or lessee is authorized to pay the original seller or lessor until the buyer or lessee receives notification of assignment of the rights to payment pursuant to a consumer credit sale or consumer lease and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the buyer or lessee, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the buyer or lessee may pay the seller or lessor. |Added by Laws 1969, c. 352, § 2-412, eff. July 1, 1969.
14A OK Stat § 14A-2-413 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-413. Attorney's fees.

|With respect to a consumer credit sale or with respect to a consumer lease the agreement may provide for the payment by the buyer or lessee of reasonable attorney's fees not in excess of fifteen percent (15%) of the unpaid debt after default and referral to an attorney not a salaried employee of the seller, or of the lessor or his assignee; provided, however, that no attorney's fee shall be allowed if the amount financed is One Thousand Dollars ($1,000.00) or less and the credit service charge exceeds ten percent (10%) per year calculated according to the actuarial method. Provided further, however, a court may award reasonable attorney's fees to a prevailing litigant in any transaction where such fees may be awarded in accordance with other statutes of this state. A provision in violation of this section is unenforceable. |Added by Laws 1969, c. 352, § 2-413, eff. July 1, 1969. Amended by Laws 1970, c. 282, § 5; Laws 1982, c. 335, § 30, operative June 1, 1982.
14A OK Stat § 14A-2-414 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-414. Limitation on default charges.

|Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer credit sale may not provide for any charges as a result of default by the buyer other than those authorized by this act. A provision in violation of this section is unenforceable. |Added by Laws 1969, c. 352, § 2-414, eff. July 1, 1969.
14A OK Stat § 14A-2-415 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-415. Authorization to confess judgment prohibited.

|A buyer or lessee may not authorize any person to confess judgment on a claim arising out of a consumer credit sale or consumer lease. An authorization in violation of this section is void. |Added by Laws 1969, c. 352, § 2-415, eff. July 1, 1969.
14A OK Stat § 14A-2-416 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-416. Change in terms of revolving charge accounts.

|(1) If a seller makes a change in the terms of a revolving charge account without complying with this section any additional cost or charge to the buyer resulting from the change is an excess charge and subject to the remedies available to debtors (Section 5-202) and to the Administrator (Section 6-113). |(2) A seller may change the terms of a revolving charge account whether or not the change is authorized by prior agreement. Except as provided in subsection (3), the seller shall give to the buyer written notice of any change at least three times, with the first notice at least six (6) months before the effective date of the change.(3) The notice specified in subsection (2) is not required if:(a)the buyer after receiving notice of the change agrees in writing to the change;(b)the buyer elects to pay an amount designated on a billing statement (subsection (2) of Section 2-310) as including a new charge for a benefit offered to the buyer when the benefit and charge constitute the change in terms and when the billing statement also states the amount payable if the new charge is excluded;(c)the change involves no significant cost to the buyer;(d)the buyer has previously consented in writing to the kind of change made and notice of the change is given to the buyer at least fifteen (15) days prior to the effective date of the change;(e)the change applies only to purchases made or obligations incurred after a date specified in a notice of the change given at least fifteen (15) days prior to the effective date of the change; or(f)the change involves late payment charges or over-the-limit charges.(4) The notice provided for in this section is given to the buyer when mailed to the buyer at the address used by the seller for sending periodic billing statements.Added by Laws 1969, c. 352, § 2-416, eff. July 1, 1969. Amended by Laws 1988, c. 35, § 3, operative July 1, 1988; Laws 1995, c. 72, § 1.
14A OK Stat § 14A-2-417 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-417. Surcharge for use of credit or debit card.

|A. No seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means. |B. As used in this section, "debit card" means any instrument or device, whether known as a debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds from a consumer banking electronic facility.C. For purposes of this section, a private educational institution as defined in paragraph (e) of Section 3102 of Title 70 of the Oklahoma Statutes, a private school defined as a nonpublic entity conducting an educational program for at least one grade between prekindergarten through twelve, a municipality as defined in paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes or a public trust with a municipality as its beneficiary may charge a service fee. The service fee may be applied to online or in-person transactions and shall be used to offset bank processing fees, financial transaction fees, the cost of providing for secure transaction, portal fees, and fees necessary to compensate for increased bandwidth incurred as a result of providing the transaction.Added by Laws 1977, c. 135, § 2, emerg. eff. June 3, 1977. Amended by Laws 2010, c. 69, § 2, eff. Nov. 1, 2010; Laws 2012, c. 221, § 2; Laws 2015, c. 319, § 3, eff. Nov. 1, 2015; Laws 2017, c. 31, § 2, eff. Nov. 1, 2017; Laws 2019, c. 232, § 1, eff. Nov. 1, 2019.
14A OK Stat § 14A-2-501 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-501. Definition: "Home solicitation sale".

|"Home solicitation sale" means a consumer credit sale of goods, other than farm equipment, or services in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to a preexisting revolving charge account, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale. |Added by Laws 1969, c. 352, § 2-501, eff. July 1, 1969.
14A OK Stat § 14A-2-502 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-502. Buyer's right to cancel.

|(1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with this part. |(2) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase.(3) Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid.(4) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.(5) The buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency; and(a)the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation; and(b)in the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.(6) If a home solicitation sale is also subject to the provisions on debtor's right to rescind certain transactions (Section 5-204), the buyer may proceed either under those provisions or under this part.Added by Laws 1969, c. 352, § 2-502, eff. July 1, 1969.
14A OK Stat § 14A-2-503 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-503. Form of agreement or offer - Statement of buyer's rights.

|(1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights which complies with subsection (2). |(2) The statement must(a)appear under the conspicuous caption "BUYER'S RIGHT TO CANCEL"; and(b)read as follows: "If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or sevices and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to: ___________________________________________.(Insert name and mailing address of seller)If you cancel, the seller may keep all or part of your cash down payment not to exceed five percent (5%) of the cash price."(3) Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.Added by Laws 1969, c. 352, § 2-503, eff. July 1, 1969.
14A OK Stat § 14A-2-504 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-504. Restoration of down payment - Retention of cancellation fee.

|(1) Except as provided in this section, within ten (10) days after a home solicitation sale has been cancelled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. |(2) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.(3) The seller may retain as a cancellation fee five percent (5%) of the cash price but not exceeding the amount of the cash down payment. If the seller fails to comply with an obligation imposed by this section, or if the buyer avoids the sale on any ground independent of his right to cancel provided by the provisions on the buyer's right to cancel (subsection (1) of Section 2-502) or revokes his offer to purchase, the seller is not entitled to retain a cancellation fee.(4) Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.Added by Laws 1969, c. 352, § 2-504, eff. July 1, 1969.
14A OK Stat § 14A-2-505 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-505. Duty of buyer - No compensation for services prior to cancellation.

|(1) Except as provided by the provisions on retention of goods by the buyer (subsection (4) of Section 2-504), within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, forty (40) days is presumed to be a reasonable time. |(2) The buyer has a duty to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk.(3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation except the cancellation fee provided in this part.Added by Laws 1969, c. 352, § 2-505, eff. July 1, 1969.
14A OK Stat § 14A-2-601 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-601. Sales subject to act by agreement of parties.

|The parties to a sale other than a consumer credit sale may agree in writing signed by the parties that the sale is subject to the provisions of this act applying to consumer credit sales. If the parties so agree the sale is a consumer credit sale for the purposes of this act. |Added by Laws 1969, c. 352, § 2-601, eff. July 1, 1969.
14A OK Stat § 14A-2-605 (2021)
2021 Oklahoma Statutes|Title 14A. Consumer Credit Code|§14A-2-605. Credit service charge for other sales.

|With respect to a sale other than a consumer credit sale, the parties may contract for the payment by the buyer of any credit service charge. |Added by Laws 1969, c. 352, § 2-605, eff. July 1, 1969. Amended by Laws 1982, c. 335, § 31, operative June 1, 1982.