28-43-301. SECURITY IN SALES. (1) With respect to a regulated 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) or more, or, in the case of a security interest in goods, the debt secured is one hundred dollars ($100) or more. Except as provided with respect to cross-collateral, section 28-43-302, Idaho Code, a seller may not otherwise take a security interest in property to secure the debt arising from a regulated consumer credit sale.
(2) A security interest taken in violation of this section is void.
History:
[28-43-301, added 1983, ch. 119, sec. 3, p. 283.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES
Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS
Section 28-43-301 - SECURITY IN SALES.
Section 28-43-302 - CROSS-COLLATERAL.
Section 28-43-303 - DEBT SECURED BY CROSS-COLLATERAL.
Section 28-43-304 - NO ASSIGNMENT OF EARNINGS.
Section 28-43-305 - AUTHORIZATION TO CONFESS JUDGMENT PROHIBITED.
Section 28-43-306 - CERTAIN NEGOTIABLE INSTRUMENTS PROHIBITED.
Section 28-43-307 - BALLOON PAYMENTS.
Section 28-43-308 - REFERRAL SALES.
Section 28-43-309 - RESTRICTIONS ON INTEREST IN LAND AS SECURITY.
Section 28-43-310 - REGULAR SCHEDULE OF PAYMENTS — MAXIMUM LOAN TERM.