Maryland Statutes
Part II - Installment Sales
Section 12-609 - Motor Vehicles

(a)    The finance charge imposed on the sale of a motor vehicle may not exceed an amount computed using the following annual simple interest rates of finance charge:
        (1)    Class 1: A new motor vehicle -- 16.5 percent on the outstanding balance;
        (2)    Class 2: A used motor vehicle designated by the manufacturer by a model year not more than two years before the year in which the sale is made -- 22 percent on the outstanding balance; and
        (3)    Class 3: A used motor vehicle designated by the manufacturer by a model year more than two years before the year in which the sale is made -- 27 percent on the outstanding balance.
    (b)    (1)    A service or other charge not specifically provided for in this section may not be included in a retail installment sale of a motor vehicle.
        (2)    (i)    This section does not prohibit a seller from financing the cost to the buyer of a mechanical repair contract sold in connection with a motor vehicle, provided that the cost of the mechanical repair contract is separately itemized in the financing agreement.
            (ii)    A seller may finance the cost of a mechanical repair contract sold in connection with a motor vehicle whether or not the motor vehicle is covered by an original manufacturer’s warranty.
        (3)    A seller may not require a buyer of a motor vehicle, as a condition of receiving a loan, to enter a mechanical repair contract.
        (4)    A seller may contract for, charge for, receive, and finance the cost to the buyer of an optional debt cancellation agreement sold in connection with a motor vehicle, provided that the cost of the debt cancellation agreement is separately itemized in the financing agreement.
    (c)    Except for an overcharge which results from a bona fide error in computation and which is corrected within 60 days from the date of the agreement, if a holder collects a charge greater in amount than the maximum permitted by this section, he shall forfeit to the buyer all finance charges paid or payable under the agreement.
    (d)    (1)    A holder may not collect from the buyer a greater amount for insurance than that allowed by the State Insurance Department for the insurer carrying the risk.
        (2)    The insurance for which the holder may collect from the buyer is limited to automobile bodily injury and property damage liability, automobile physical damage, life and accident, medical reimbursement, and nonfiling insurance.
        (3)    Except for an overcharge which results from a bona fide error in computation and which is corrected within 60 days from the date of the agreement, if a holder collects from the buyer a charge for insurance greater than that permitted under this subsection, he shall pay to the buyer a sum equal to ten times the amount of the overcharge.
    (e)    A finance charge in excess of the rates provided in this section may be imposed on the sale of new and used trucks, new and used truck tractors, new and used trailers, or new and used semitrailers purchased for industrial, commercial, or agricultural purposes.
    (f)    Notwithstanding subsection (a) of this section, the finance charge imposed on a motor vehicle sold under a contract may not exceed the following annual simple interest rates of finance charge:
        (1)    Class 1: A new motor vehicle -- 24 percent on the outstanding balance; and
        (2)    Class 2: A used motor vehicle designated by the manufacturer by a model year not more than 2 years before the year in which the sale is made -- 24 percent on the outstanding balance.
    (g)    A seller may assign a retail installment agreement and receive a portion of the finance charge only if the fact is disclosed in the agreement. The specific amount to be received need not be disclosed.

Structure Maryland Statutes

Maryland Statutes

Commercial Law

Title 12 - Credit Regulations

Subtitle 6 - Retail Installment Sales

Part II - Installment Sales

Section 12-602 - False Advertising Prohibited

Section 12-603 - Discrimination Prohibited

Section 12-604 - Form of Installment Sale Agreement

Section 12-605 - Delivery of Installment Sale Agreement and Receipt; Right to Cancel

Section 12-606 - Disclosures Required in Installment Sale Agreement

Section 12-607 - Provisions Not Allowed in Instruments

Section 12-608 - Catalog Sale

Section 12-609 - Motor Vehicles

Section 12-610 - Consumer Goods -- Maximum Finance Charge

Section 12-610.1 - Consumer Goods -- Refinancing of Agreement at Higher Rate

Section 12-610.2 - Consumer Goods -- Change in Finance Charge Prohibited

Section 12-611 - Consumer Goods -- Computation of Finance Charge; Payment of Installments; Payment After Assignment

Section 12-612 - Consumer Goods -- Prepayment

Section 12-613 - Insurance

Section 12-614 - Additional Charges

Section 12-615 - Refund of Deposit

Section 12-616 - Credit for Recording and Filing Fees

Section 12-617 - Payments and Receipts

Section 12-618 - Add-on Contract

Section 12-619 - Extension of Due Date or Deferral of Payments

Section 12-620 - Prepayment

Section 12-621 - Statement of Account

Section 12-622 - Cancellation of Contract and Release of Security

Section 12-623 - Delinquency Charge; Attorney's Fees and Court Costs

Section 12-624 - Repossession -- Holder's Right to Repossess

Section 12-625 - Repossession -- Buyer's Right of Redemption

Section 12-626 - Repossession -- Resale of Goods

Section 12-627 - Repossession -- Discharge of Agreement in Absence of Resale

Section 12-628 - Promissory Note

Section 12-629 - Waiver by Buyer Invalid

Section 12-630 - Violation of Subtitle

Section 12-631 - Jurisdiction of Commissioner of Financial Regulation