reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-32 - Rebates on prepayment.

§ 25A-32. Rebates on prepayment.
Notwithstanding any provision in a consumer credit installment sale contract to the contrary, any buyer may satisfy the debt in full at any time before maturity, and in so satisfying such debt, shall receive a rebate, the amount of which shall be computed under the "rule of 78's," as follows:
"The amount of such rebate shall represent as great a proportion of the finance charge (less a prepayment charge of ten percent (10%) of the unpaid balance, not to exceed twenty-five dollars ($25.00)) as the sum of the periodical time balances after the date of prepayment in full bears to the sum of all the periodical time balances under the schedule of payments in the original contract." No rebate is required if the amount thereof is less than one dollar ($1.00).
If the prepayment is made otherwise than on the due date of an installment, it shall be deemed to have been made on the installment due date nearest in time to the actual date of payment.
If a seller obtains a judgment on a debt arising out of a consumer credit installment sale or the seller repossesses the collateral securing the debt, the seller shall credit the buyer with a rebate as if the payment in full had been made on the date the judgment was obtained or 15 days after the repossession occurred. If the seller obtains a judgment and repossesses the collateral, the seller shall credit the buyer with a rebate as if payment in full had been made on the date of the judgment or 15 days after the repossession, whichever occurs earlier. (1971, c. 796, s. 1.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-32.1 - Unearned finance charge credits on prepayment of loans secured by real property and mobile home loans.

§ 25A-32.1. Unearned finance charge credits on prepayment of loans secured by real property and mobile home loans.
(a) Notwithstanding any statutory or contractual provision to the contrary, in a consumer credit installment sale contract with an amount financed of five thousand dollars ($5000.00) or more secured by real estate or by a residential manufactured home as defined in G.S. 143-145(7), any buyer may satisfy the debt in full at any time before maturity, and in so satisfying the debt, shall be credited with all unearned finance charges as computed on the simple interest or actuarial method.
(b) If a seller obtains a judgment on a debt arising out of a consumer credit installment sale described in subsection (a) of this section, or if the seller forecloses or repossesses the collateral securing the debt, the seller shall credit the buyer with all unearned finance charges as computed on the simple interest or actuarial method as if the payment in full had been made on the date the judgment was obtained or 15 days after the foreclosure or repossession occurred, whichever is earlier. If the seller obtains a judgment and repossesses the collateral, the seller shall credit the buyer with all unearned finance charges as if payment in full had been made on the date of the judgment or 15 days after the repossession, whichever occurs earlier. (1991, c. 602, s. 2.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-33 - Terms of payments.

§ 25A-33. Terms of payments.
A consumer credit installment sale contract shall provide for complete payment of all charges due under the contract, including the amount financed, the finance charge, and additional insurance charges, if any, within a period from the time of the sale of
(1) Forty-two months, if the amount financed is less than one thousand five hundred dollars ($1,500), or
(2) Sixty-four months, if the amount financed is one thousand five hundred dollars ($1,500) or greater, but less than two thousand five hundred dollars ($2,500), or
(3) One hundred and twenty-two months, if the amount financed is two thousand five hundred dollars ($2,500) or greater, but less than five thousand dollars ($5,000), or
(4) One hundred and eighty-two months, if the amount financed is five thousand dollars ($5,000) or greater, but less than ten thousand dollars ($10,000), or
(5) As the contract provides, if the amount financed is ten thousand dollars ($10,000) or greater.
The provisions of this section shall not apply to a consumer credit installment sale contract executed in connection with any financing which is insured under regulations of the Federal Housing Administration or the Veterans Administration. (1971, c. 796, s. 1; 1973, c. 1446, s. 3.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-34 - Balloon payments.

§ 25A-34. Balloon payments.
With respect to a consumer credit sale, other than one pursuant to a revolving charge account, no scheduled payment may be more than ten percent (10%) larger than the average of earlier scheduled payments, except that the final payment may be twenty-five percent (25%) larger than the average of earlier scheduled payments. This section does not apply when the payment schedule is adjusted to the seasonal or irregular income of the buyer. This section does not apply to the sale of a motorcycle as defined in G.S. 20-4.01(27) with a purchase price of seven thousand five hundred dollars ($7,500) or more. (1971, c. 796, s. 1; 2018-114, s. 5(a).)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-35 - Statement of account.

§ 25A-35. Statement of account.
(a) One time during each 12-month period following execution of a consumer credit installment sale contract and when the buyer repays the debt early, the buyer shall be entitled upon request and without charge to a statement of account from the seller. The statement of account shall contain the following information identified as such in the statement:
(1) The itemized amounts paid by or on behalf of the buyer to the date of the statement of account, except that upon early termination of the contract by prepayment or otherwise, the statement shall include itemized charges for expenses of repossession, storage and legal expenses;
(2) The itemized amounts, if any, which have become due but remain unpaid, including any charges for defaults, expenses of repossession and deferral charges;
(3) The number of installment payments and the dollar amount of each installment not due but still to be paid and the remaining period the contract is to run.
(b) The buyer may request and shall be entitled to additional statements of account but for such additional statements the seller may impose a charge of one dollar ($1.00).
(c) If the buyer requests information for income tax purposes as to the amount of the finance charges, the seller shall provide such information within 30 days without charge but only once in each calendar year. (1971, c. 796, s. 1.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-36 - Certificates of insurance and rebates.

§ 25A-36. Certificates of insurance and rebates.
(a) Within 45 days following the purchase of insurance by the buyer from or through the seller, the seller shall deliver, send or cause to be sent to the buyer a policy or policies of such insurance or a certificate or certificates thereof. If such insurance is cancelled, or the premium adjusted, any rebate received by the seller shall be promptly applied to the purchase of other similar insurance, credited to the buyer's account, or rebated to the buyer. Unless otherwise required by law or the provisions of the policy, rebates of cancelled insurance shall be computed under the rule of 78's, without the deduction of a prepayment charge.
(b) In those cases where the insurance premium is added in the contract, and the buyer did not actually pay the premium, the return premium plus unearned finance charge on the amount of returned premium (at the same rate as used in the contract) shall be credited to the unpaid balance of the contract. If the required insurance premium is adjusted upward by the insurance company or is added in accordance with the contract, the buyer, after 10 days' notice,
(1) May pay the additional premium, or
(2) Have the additional premium plus finance charge (at the same rate as used in the contract) added to the unpaid balance and spread equally over the remaining installments unpaid, provided, the seller may require a buyer who wishes to finance such additional premium to be financed by the seller in accordance with North Carolina insurance regulations. (1971, c. 796, s. 1; 1977, c. 650.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-37 - Referral sales.

§ 25A-37. Referral sales.
The advertisement for sale or the actual sale of any goods or services (whether or not a consumer credit sale) at a price or with a rebate or payment or other consideration to the purchaser that is contingent upon the procurement of prospective customers provided by the purchaser, or the procurement of sales to persons suggested by the purchaser, is declared to be unlawful. Any obligation of a buyer arising under such a sale shall be void and a nullity and a buyer shall be entitled to recover from the seller any consideration paid to the seller upon tender to the seller of any tangible consumer goods made the basis of the sale. (1971, c. 796, s. 1.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-38 - "Home-solicitation sale" defined.

§ 25A-38. "Home-solicitation sale" defined.
"Home-solicitation sale" means a consumer credit sale of goods 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
(1) A sale made to a buyer who has previously engaged in a similar business transaction with the seller;
(2) A sale made pursuant to a preexisting revolving charge account;
(3) A sale made pursuant to negotiations between the parties on the premises of a business establishment at a fixed location where such goods or services are offered or exhibited for sale;
(4) A sale which is regulated by the provisions of Section 226.9 of Regulation Z promulgated pursuant to Section 105 of the Consumer Credit Protection Act; or
(5) Sales of personal wearing apparel, motor vehicles defined in G.S. 20-286(10), farm equipment and goods and services to be utilized within 10 days in connection with funeral services. (1971, c. 796, s. 1; 1973, c. 672.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-39 - Buyer's right to cancel.

§ 25A-39. Buyer's right to cancel.
(a) Except as provided in subsection (e) of this section, 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 G.S. 25A-40, or which complies with the requirements of the Federal Trade Commission Trade Regulation Rule Concerning a Cooling-Off Period for Door-to-Door Sales.
(b) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase.
(c) Notice of cancellation, if given by mail, is given when it is deposited in the United States mail properly addressed and postage prepaid.
(d) Unless the seller complies with G.S. 25A-40(b), 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.
(e) The buyer may not cancel a home-solicitation sale if the buyer requests the seller in a separate writing to provide goods or services without delay because of an urgency or an emergency, and
(1) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notification of cancellation,
(2) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer, and
(3) Unless the buyer returns the goods, if any, to the seller at his expense.
(f) A buyer, who has not received delivery of the goods and services from the seller in a home-solicitation sale within 30 days following the execution of the contract (and such delay is the fault of the seller), shall have the right at any time thereafter before acceptance of the goods and services to rescind the contract and to receive a refund of all payments made and to a return of all goods traded in to the seller on account of or in contemplation of such contract, or if the goods traded in cannot or are not returned to the buyer within 10 days after cancellation, the buyer may elect to recover an amount equal to the trade-in allowance stated in the contract. By written agreement, the buyer may agree to a later time for the delivery of goods and services. (1971, c. 796, s. 1; 1975, c. 805, s. 1.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-41 - Restoration of down payment; retention of goods.

§ 25A-41. Restoration of down payment; retention of goods.
(a) Except as provided in this section, within 10 business days after a home-solicitation sale has been canceled or an offer to purchase revoked in accordance with G.S. 25A-40, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b) If the down payment includes goods traded in, the goods must be tendered at the buyer's residence 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.
(c) Repealed by Session Laws 1975, c. 805, s. 3.
(d) 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. (1971, c. 796, s. 1; 1975, c. 805, s. 3.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-42 - Duties as to care and return of goods; no compensation for services prior to cancellation.

§ 25A-42. Duties as to care and return of goods; no compensation for services prior to cancellation.
(a) Except as provided by the provisions on retention of goods by the buyer (G.S. 25A-41(d)), within a reasonable time after a home-solicitation sale has been canceled, the buyer must make available to the seller at the buyer's residence in substantially as good condition as received, any goods delivered under the contract or sale, or in the alternative, the buyer may comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. The seller shall within 10 business days of receipt of the buyer's notice of cancellation notify the buyer whether the seller intends to repossess or to abandon any shipped or delivered goods. If the buyer makes the goods available to the seller and the seller does not pick them up within 20 days of the date of the notice of cancellation, the buyer may retain or dispose of the goods without any further obligation. If the buyer fails to make the goods available to the seller, or agrees to return the goods to the seller and fails to do so, then the buyer shall remain liable for performance of all obligations under the contract.
(b) The buyer has the duty of a bailee 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.
(c) If the seller has performed any services pursuant to a home-solicitation sale prior to its cancellation, the seller is entitled to no compensation therefor.
(d) The seller shall not negotiate, transfer, sell, or assign any note, contract, or other evidence of indebtedness arising out of a home-solicitation sale to a finance company or other third party prior to midnight of the fifth business day following the day the contract was signed or the goods or services were purchased. (1971, c. 796, s. 1; 1975, c. 805, s. 4.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-43 - Unconscionability.

§ 25A-43. Unconscionability.
(a) With respect to a consumer credit sale, if the court finds the agreement or any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) If it is claimed or appears to the court that the agreement or any clause thereof may be unconscionable, all parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose and effect to aid the court in making its determination.
(c) As used in this section, "unconscionable" shall mean totally unreasonable under all of the circumstances. (1971, c. 796, s. 1.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-44 - Remedies and penalties.

§ 25A-44. Remedies and penalties.
In addition to remedies hereinbefore provided, the following remedies shall apply to consumer credit sales:
(1) In the event that a consumer credit sale contract requires the payment of a finance charge not more than two times in excess of that permitted by this Chapter, the seller or an assignee of the seller shall not be permitted to recover any finance charge under that contract and, in addition, the seller shall be liable to the buyer in an amount that is two times the amount of any finance charge that has been received by the seller, plus reasonable attorney's fees incurred by the buyer as determined by the court. However, if the requirement of an excess charge results from an accidental or good faith error, the seller shall be liable only for the amount by which the finance charge exceeds the rates permitted by this Chapter.
(2) In the event that a consumer credit sale contract requires the payment of a finance charge more than two times that permitted by this Chapter, the contract shall be void. The buyer may, at his option, retain without any liability any goods delivered under such a contract and the seller or an assignee of the rights shall not be entitled to recover anything under such contract.
(3) In the event the seller or an assignee of the seller (i) shall fail to make any rebate required by G.S. 25A-32 or G.S. 25A-36, (ii) shall charge and receive fees or charges in excess of those specifically authorized by this Chapter, or (iii) shall charge and receive sums not authorized by this Chapter, the buyer shall be entitled to demand and receive the rebate due and excessive or unauthorized charges. Ten days after receiving written request therefor, the seller shall be liable to the buyer for an amount equal to three times the sum of any rebate due and all improper charges which have not been rebated or refunded within the 10-day period.
(4) The knowing and willful violation of any provision of this Chapter shall constitute an unfair trade practice under G.S. 75-1.1.
(5) Any buyer injured by any violation of G.S. 25A-2(e) may bring an action for recovery of damages, including reasonable attorney's fees. (1971, c. 796, s. 1; 1983, c. 686, s. 4.)
2023 North Carolina General Statutes › Chapter 25A - Retail Installment Sales Act › § 25A-45 - Conflict with Consumer Credit Protection Act.

§ 25A-45. Conflict with Consumer Credit Protection Act.
In all cases of irreconcilable conflict between the provisions of this Chapter and the provisions of the Consumer Credit Protection Act, the provisions of the Consumer Credit Protection Act shall control. (1971, c. 796, s. 3.)
2023 North Carolina General Statutes › Chapter 25B - Credit › Article 1 - Credit Rights of Women. › § 25B-1 - Equal availability of credit for women.

§ 25B-1. Equal availability of credit for women.
(a) No married woman shall be denied credit in her own name if her uncommingled earnings, separate property or other assets are such that a man possessing the same amount of uncommingled earnings, separate property or other assets would receive credit.
(b) No unmarried woman shall be denied credit in her own name if her property, earnings or other assets are such that a man possessing the same amount of property, earnings or other assets would receive credit.
(c) For the purposes of this section, "credit" means the obtaining of money, property, labor or services on a deferred-payment basis. (1973, c. 1394, s. 1.)
2023 North Carolina General Statutes › Chapter 25B - Credit › Article 1 - Credit Rights of Women. › § 25B-2 - Responsibility of credit-reporting agency to maintain separate credit histories.

§ 25B-2. Responsibility of credit-reporting agency to maintain separate credit histories.
A credit-reporting agency shall, upon written request of a married person, identify within any report delivered by the agency, both the separate credit history of each spouse and the credit history of their joint accounts, if such information is on file with the credit-reporting agency. (1973, c. 1394, s. 2.)
2023 North Carolina General Statutes › Chapter 25B - Credit › Article 1 - Credit Rights of Women. › § 25B-3 - Right of action to enforce Article.

§ 25B-3. Right of action to enforce Article.
(a) A married or unmarried woman denied credit in violation of this Chapter shall have a right of action on account of such violation in which she shall be entitled to actual damages, and reasonable attorney's fees in the discretion of the court to be taxed as part of the cost.
(b) Violations of this Chapter may be enjoined by action of the Attorney General brought in behalf of the State pursuant to authority granted in G.S. 114-2. (1973, c. 1394, s. 3.)
2023 North Carolina General Statutes › Chapter 25B - Credit › Article 1 - Credit Rights of Women. › § 25B-4 - Granting of credit not otherwise affected.

§ 25B-4. Granting of credit not otherwise affected.
Nothing contained herein shall be construed to deprive any credit grantor of his right to deny credit or limit its terms based upon its evaluation of the applicant's capability or willingness to repay, or to require any credit grantor to give preferential treatment to any applicant because of sex or marital status. (1973, c. 1394, s. 4.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 1 - Artwork on Consignment. › § 25C-1 - Definitions.

§ 25C-1. Definitions.
As used in this Article unless the context clearly requires otherwise:
(1) "Art dealer" means an individual, partnership, firm, association, or corporation that undertakes to sell a work of fine art created by someone else;
(2) "Artist" means the creator of a work of fine art;
(3) "On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer; and
(4) "Work of fine art" means an original art work that is:
a. A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;
b. A work of calligraphy;
c. A work of graphic art, including an etching, lithograph, offset print, or silk screen;
d. A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
e. A work in mixed media, including a collage or a work consisting of any combination of works included in this subdivision. (1983, c. 822, s. 1; 1989, c. 464.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 1 - Artwork on Consignment. › § 25C-2 - Interest of art dealer who accepts works of fine art on consignment.

§ 25C-2. Interest of art dealer who accepts works of fine art on consignment.
If an art dealer accepts a work of fine art on a fee, commission, or other compensation basis on consignment from the artist:
(1) The art dealer is, with respect to that work of fine art, the bailee of the artist;
(2) The work of fine art is bailment property in which the art dealer has no legal or equitable interest until the work is sold to a bona fide third party; and
(3) The proceeds of the sale of the work of fine art are bailment property in which the art dealer has no legal or equitable interest until the amount due the artist from the sale, minus the agreed commission, is paid. (1983, c. 822, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 1 - Artwork on Consignment. › § 25C-3 - Status of works of fine art subsequently purchased by art dealer for his own account.

§ 25C-3. Status of works of fine art subsequently purchased by art dealer for his own account.
Notwithstanding the subsequent purchase of a work of fine art by the art dealer directly or indirectly for the art dealer's own account, a work of fine art that is bailment property when initially accepted by the art dealer remains bailment property until the purchase price minus the agreed upon commission, is paid in full to the artist. (1983, c. 822, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 1 - Artwork on Consignment. › § 25C-4 - Creditors of art dealer may not reach works of fine art on consignment with art dealer.

§ 25C-4. Creditors of art dealer may not reach works of fine art on consignment with art dealer.
Property that is bailment property under this Article is not subject to the claims, liens, or security interests of the creditors of an art dealer. (1983, c. 822, s. 1; 1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 1 - Artwork on Consignment. › § 25C-5 - Risk of loss; insurable interest.

§ 25C-5. Risk of loss; insurable interest.
Nothing in this Article shall affect any provision of law pertaining to the risk of loss between or among the parties to a consignment agreement under this Article or pertaining to the insurable interest of any such party. (1983, c. 822, s. 1; 1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 2 - Sale of Prints. › § 25C-10 - Definitions.

§ 25C-10. Definitions.
As used in this Article, the term:
(1) "Artist" means any person who created or who conceived of and approved:
a. The master image of a work of art for a print, including but not limited to a photograph or a negative; or
b. The master image of a work of art which served as the model for a print.
(2) "Art dealer" means a person:
a. Who is in the business of dealing in prints to which this Article applies; or
b. Who holds himself out as having knowledge or skills particular to prints to which this Article applies; or
c. Who employs an agent or other intermediary who holds himself out as having knowledge or skills particular to prints to which this Article applies; or
d. Who is a professional auctioneer who sells prints to which this Article applies, at auctions.
(3) "Fine print" means a printed image on paper or any other suitable substance which is based on an artist's master image and has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts, and includes but is not limited to engraving, etching, woodcut, lithograph, or serigraph, or a print developed or created from a negative when such negative is itself an original work of art.
(4) "Person" means an individual, partnership, corporation, association, joint venture, or any other legal or commercial entity.
(5) "Plate" means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.
(6) "Print" means a fine print or reproduction as defined in this Article.
(7) "Photograph" means the image produced upon a photosensitive surface by the chemical action of light.
(8) "Negative" means any negative image, photographic plate, slide, or other material created by the artist and used for the purpose of creating the print.
(9) "Reproduction" means a copy of a fine print or other work of art made by a commercial mechanical process which does not require the use of an original plate or an original negative.
(10) "Signed print" means a finished fine print autographed by the artist and not by mechanical means of reproduction, whether or not it was signed or unsigned in the plate.
(11) "Work of art" means an original art work that is:
a. A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;
b. A work of calligraphy;
c. A work of graphic art, including but not limited to a fine print;
d. A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
e. A work in mixed media, including a collage or a work consisting of any combination of works included in this subdivision. (1989, c. 464; 1997-456, s. 27.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 2 - Sale of Prints. › § 25C-11 - General prohibitions.

§ 25C-11. General prohibitions.
(a) An art dealer may not publish in or distribute in, into or from, this State any catalog, prospectus, circular, advertisement or other publication which solicits a direct sale, by inviting transmittal of payment for a specific print not exempt under G.S. 25C-16, unless it clearly sets forth, in close physical proximity to the place in such publication describing the print, all information required by G.S. 25C-14. This requirement does not apply to general written material or advertising that does not solicit such a direct sale.
(b) An art dealer may not sell or invite offers to buy any print not exempt under G.S. 25C-16, either at retail or wholesale, unless the art dealer clearly and conspicuously discloses in writing to prospective purchasers, all information required by G.S. 25C-14. At public or private auction, an art dealer may not invite offers to buy any non-exempt print unless the art dealer clearly and conspicuously discloses in writing such required information to prospective bidders before any offer is made and until an offer is accepted. (1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 2 - Sale of Prints. › § 25C-12 - Sale by artist; consignments.

§ 25C-12. Sale by artist; consignments.
(a) The disclosure requirements of this Article do not apply to a sale of a print by the artist who produced the print, directly to a purchaser, without the intervention of a wholesale or retail merchant, unless the artist is an art dealer within the definition of G.S. 25C-10(2)a. or unless the artist consigns a print of his own creation.
(b) An artist or art dealer who consigns a print to an art dealer for the purpose of effecting a sale of such print shall have no liability to a purchaser under this Article if such consignor, as to the consignee, has complied with the disclosure requirements of this Article. (1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 2 - Sale of Prints. › § 25C-13 - Warranties.

§ 25C-13. Warranties.
(a) Whenever an art dealer discloses information as required by G.S. 25C-11, such information shall be a part of the basis of the bargain and shall create express warranties as to the information so provided.
(b) When information is not disclosed as required by G.S. 25C-11, such nondisclosure shall constitute an express warranty that such information is not required to be disclosed.
(c) Evidence of a warranty made in accordance with this Article shall be prima facie evidence of reliance upon the warranty. (1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 2 - Sale of Prints. › § 25C-14 - Disclosure requirements.

§ 25C-14. Disclosure requirements.
(a) An art dealer who sells or offers to sell a print not exempt under G.S. 25C-16, shall disclose the following information in a writing to the prospective purchaser:
(1) The name of the artist;
(2) The year the plate or negative was created;
(3) The year when the print was printed or created;
(4) The process used to create the master image;
(5) The process used to create the print;
(6) Whether the print is part of a limited edition.
(b) If the print or its plate or negative is a mechanical, photomechanical or photographic copy or reproduction of a master image previously created or produced in another medium, this information shall be disclosed as part of the disclosure required by subsection (a) of this section.
(c) If the print is represented to be part of a limited edition, the disclosure required by subsections (a) and (b) of this section shall further state:
(1) The authorized maximum number of numbered or signed prints, or both, in the edition;
(2) The authorized maximum number of unnumbered or unsigned prints, or both, in the edition;
(3) Any authorized maximum number of artist's, publisher's, printer's, or other proofs, exclusive of trial proofs, outside the regular edition;
(4) The total number of prints, either numbered or unnumbered, in the edition;
(5) Whether the plate or negative has been destroyed, effaced, altered, defaced, or cancelled after the current edition;
(6) If there were any prior plates or negatives of the same master image, the total number of plates or negatives and a designation of the plate or negative from which the print was taken;
(7) If there were any prior or later editions from the same plate or negative, the series number of the edition of which the print is a part, and the aggregate size of all other editions;
(8) Whether the print was published as a book illustration or in a magazine article;
(9) Whether the edition is a posthumous edition or a restrike, and, if it is, whether the plate has been reworked;
(10) The name of any workshop where the edition was printed; and
(11) Whether the print has been printed on acid-free paper.
(d) Whenever an art dealer disclaims knowledge as to a particular item about which information is required, such disclaimer shall be clearly and conspicuously stated in unqualified terms as to each of those items of information required by this section and shall be contained in writing in the physical context of other language setting forth the required information to be disclosed under this section. (1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 2 - Sale of Prints. › § 25C-15 - Rights and liabilities not inclusive.

§ 25C-15. Rights and liabilities not inclusive.
(a) An art dealer who sells a print in violation of this Article shall be liable to the purchaser of the print; the purchaser shall be entitled to recover of the art dealer the consideration paid by the purchaser for the print, with interest at the legal rate thereon, upon the tender of the print in substantially the same condition in which it was received by the purchaser.
(b) If an art dealer liable to a purchaser under the provisions of subsection (a) of this section wrongfully refuses to repay the purchaser's consideration as specified therein, the purchaser who prevails in a civil action to recover such consideration may also recover all expenses incurred in connection with the action, including a reasonable attorney's fee.
(c) A willful violation of this Article shall constitute a prima facie violation of G.S. 75-1.1.
(d) The rights and liabilities created by this Article shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights and liabilities provided by law. (1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 25C - Sales of Artwork › Article 2 - Sale of Prints. › § 25C-16 - Exemptions.

§ 25C-16. Exemptions.
(a) This Article shall not apply to any print when offered for sale or sold at wholesale or retail for one hundred dollars ($100.00) or less, exclusive of the value of any frame.
(b) This Article shall not apply to any print described clearly and conspicuously in writing by the seller as a "reproduction and not a fine print", unless the print is said or represented to be one in a limited edition, an edition of numbered or signed prints, or any combination thereof.
(c) This Article shall not apply to the sale of any print sold before January 1, 1990. (1989, c. 464, s. 1.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-1 - Surety and principal distinguished in judgment and execution.

§ 26-1. Surety and principal distinguished in judgment and execution.
In the trial of actions upon contracts either of the defendants may show in evidence that he is surety, and if it be satisfactorily shown, the jury in their verdict, or the magistrate in his judgment, shall distinguish the principal and surety, which shall be endorsed on the execution by the clerk of superior court. (1826, c. 31, s. 1; R.C., c. 31, s. 124; Code, s. 2100; Rev., s. 2840; C.S., s. 3961; 1973, c. 108, s. 14.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-2 - Principal liable on execution before surety.

§ 26-2. Principal liable on execution before surety.
When an execution, indorsed as aforesaid, shall come to the hands of any officer for collection, he shall levy on all the property of the principal, or so much thereof as shall be necessary to satisfy the execution, and, for want of sufficient property of the principal, also on the property of the surety, and make sale of all the property of the principal levied on before that of the surety. (1826, c. 31, s. 2; R.C., c. 31, s. 125; Code, s. 2101; Rev., s. 2841; C.S., s. 3962.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-3 - Summary remedy of surety against principal.

§ 26-3. Summary remedy of surety against principal.
Any person who may have paid money for and on account of those for whom he became surety, upon producing to the clerk of superior court, a receipt, and showing that an execution has issued, and he has satisfied the same, and making it appear by sufficient testimony that he has expended any sum of money as the surety of such person, may move the clerk for judgment against his principal for the amount which he has actually paid; a citation having previously issued against the principal to show cause why execution should not be awarded; and should the principal not show sufficient cause, the clerk shall award execution against the principal. (1797, c. 487, s. 1, P.R.; R.C., c. 110, s. 1; Code, s. 2093; Rev., s. 2842; C.S., s. 3963; 1973, c. 108, s. 15.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-3.1 - Surety's recovery on obligation paid; no assignment necessary.

§ 26-3.1. Surety's recovery on obligation paid; no assignment necessary.
(a) A surety who has paid his principal's note, bill, bond or other written obligation, may either sue his principal for reimbursement or sue his principal on the instrument and may maintain any action or avail himself of any remedy which the creditor himself might have had against the principal debtor. No assignment of the obligation to the surety or to a third-party trustee for the surety's benefit shall be required.
(b) The word "surety" as used herein includes a guarantor, accommodation maker, accommodation indorser, or other person who undertakes liability for the written obligation of another. (1959, c. 1120.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-4 - Subrogation of surety paying debt of deceased principal.

§ 26-4. Subrogation of surety paying debt of deceased principal.
Whenever a surety, or his representative, shall pay the debt of his deceased principal, the claim thus accruing shall have such priority in the administration of the assets of the principal as had the debt before its payment. (1829, c. 23; R.C., c. 110, s. 4; Code, s. 2096; Rev., s. 2843; C.S., s. 3964.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-5 - Contribution among sureties.

§ 26-5. Contribution among sureties.
Where there are two or more sureties for the performance of a contract, and one or more of them may have been compelled to perform and satisfy the same, or any part thereof, such surety may have and maintain an action against every other surety for a just and ratable proportion of the same which may have been paid as aforesaid, whether of principal, interest or cost. (1807, c. 722, P.R.; R.C., c. 110, s. 2; Code, s. 2094; Rev., s. 2844; C.S., s. 3965; 1957, c. 981.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-6 - Dissenting surety not liable to surety on stay of execution.

§ 26-6. Dissenting surety not liable to surety on stay of execution.
Whenever any judgment shall be obtained against a principal and his surety, and the principal debtor shall desire to stay the execution thereon, but the surety is unwilling that such stay shall be had, the surety may cause his dissent thereto to be entered by the judge or clerk, which shall absolve him from all liability to the surety who may stay the same. And the sheriff or other officer, who may have the collection of the debt, shall make the money out of the property of the principal debtor, and that of the surety for the stay of execution, if he can, before he shall sell the property of the surety before judgment. (1829, c. 6, ss. 1, 2; R.C., c. 110, s. 3; Code, s. 2095; Rev., s. 2845; C.S., s. 3966; 1973, c. 108, s. 16.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-7 - Surety, indorser, or guarantor may notify creditor to take action.

§ 26-7. Surety, indorser, or guarantor may notify creditor to take action.
(a) After any note, bill, bond, or other obligation becomes due and payable, any surety, indorser, or guarantor thereof may give written notice to the holder or owner of the obligation requiring him to use all reasonable diligence to recover against the principal and to proceed to realize upon any securities which he holds for the obligation.
(b) The surety, indorser or guarantor who gives notice to the holder or owner of the obligation as provided by subsection (a) shall forthwith give written notice to all co-sureties, co-indorsers and co-guarantors of the fact that such notice is being given to the holder or owner of the obligation, and such co-sureties, co-indorsers and co-guarantors shall have ten days after receipt of the notice in which themselves to give written notice to the holder or owner of the obligation and to their co-sureties, co-indorsers, and co-guarantors, that they join in or adopt the notice given pursuant to subsection (a). Failure of such surety, indorser or guarantor to give the required notice to co-sureties, co-indorsers or co-guarantors whose names and residences are known to him or can be obtained by due diligence bars such surety indorser or guarantor from any of the benefits of G.S. 26-9.
(c) The holder or owner of the obligation shall on demand disclose to any surety, indorser, or guarantor of the obligation the names and addresses of all other sureties, indorsers and guarantors which appear on the obligation or of which he has knowledge.
(d) Nothing herein contained shall apply to official bonds, or bonds given by any person acting in a fiduciary capacity. (1868-9, c. 232, s. 1; Code, s. 2097; Rev., s. 2846; C.S., s. 3967; 1951, c. 763, s. 1.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-8 - Notice; how given; prima facie evidence thereof.

§ 26-8. Notice; how given; prima facie evidence thereof.
(a) Any notice authorized or required to be given by G.S. 26-7 shall–
(1) Be served by the sheriff by delivering a copy thereof to the person entitled to the notice, or
(2) Be sent by the person giving notice, by registered mail, with return receipt requested, to the last known address of the person being notified.
(b) Upon serving the notice, the sheriff shall return the original thereof, with his return thereon, to the person who caused the notice to be given.
(c) The sheriff's return, when the notice is served by the sheriff, or the return receipt, when the notice is sent by registered mail, shall be prima facie evidence of the giving of the notice. (1868-9, c. 232, s. 3; Code, s. 2099; Rev., s. 2848; C.S., s. 3968; 1951, c. 763, s. 2.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-9 - Effect of failure of creditor to take action.

§ 26-9. Effect of failure of creditor to take action.
(a) If the holder or owner of the obligation refuses or fails, within 30 days from the service or receipt of such notice, to take appropriate action pursuant thereto, the following persons shall be discharged on any such note, bond, bill or other obligation to the extent that they are prejudiced thereby:
(1) The surety, indorser or guarantor giving such notice, and
(2) All co-sureties, co-indorsers or co-guarantors joining therein or adopting such notice as provided by G.S. 26-7, and
(3) All the co-sureties, co-indorsers, or co-guarantors whose names or addresses such holder or owner of the obligation failed to disclose on demand as required by subsection (c) of G.S. 26-7.
(b) The fact that an instrument contains a provision waiving any defense of any surety, indorser or guarantor by reason of the extension of the time for payment does not prevent the operation of this section. Any such notice to the holder or owner of the obligation as is authorized by G.S. 26-7 may be given at or subsequent to the time such obligation is due or at or subsequent to the termination of a period of extension.
(c) The failure of any co-surety, co-indorser or co-guarantor to join in or adopt a notice to the holder or owner of the obligation as authorized by subsection (b) of G.S. 26-7 does not prevent such co-surety, co-indorser or co-guarantor from giving a separate notice as authorized by subsection (a) of G.S. 26-7. (1868-9, c. 232, s. 2; Code, s. 2098; Rev., s. 2847; C.S., s. 3969; 1951, c. 763, s. 3.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-11 - Cancellation of judgment as to surety.

§ 26-11. Cancellation of judgment as to surety.
Whenever a judgment shall be rendered in any court in accordance with the provisions of G.S. 26-1 and the surety, endorser or other person shown in said judgment to be secondarily liable thereon and having the rights as by this chapter prescribed against the person or persons primarily liable, and the surety, endorser or other person so shown in the judgment to be secondarily liable, shall pay the said judgment or shall be compelled to pay an execution issued thereon and such fact shall appear to the satisfaction of the clerk of the superior court of the county in which the said judgment is rendered and docketed, such judgment shall be canceled as to said surety, endorser or other person secondarily liable and shall ceased to be a lien upon his real estate and other property, but such cancellation shall not have the force and effect nor operate as a cancellation and discharge of the judgment as to any other person against whom the said judgment shall be rendered and the person so paying the said judgment shall have all the rights given to a surety who has been compelled to pay a judgment against the principal debtor and co-sureties which are given in this chapter, notwithstanding the cancellation of the said judgment as herein provided for. (1925, c. 38.)
2023 North Carolina General Statutes › Chapter 26 - Suretyship › § 26-12 - Joinder of debtor by surety.

§ 26-12. Joinder of debtor by surety.
(a) As used in this section, "surety" includes guarantors, accommodation makers, accommodation indorsers, or others who undertake liability on the obligation and for the accommodation of another.
(b) When any surety is sued by the holder of the obligation, the court, on motion of the surety may join the principal as an additional party defendant, provided the principal is found to be or can be made subject to the jurisdiction of the court. Upon such joinder the surety shall have all rights, defenses, counterclaims, and setoffs which would have been available to him if the principal and surety had been originally sued together. (1959, c. 1121.)