Michigan Compiled Laws
Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873)
Section 445.868 - Violation of Act; Effect as to Recovery Rights of Seller.

Sec. 18.
Any seller who enters into any contract or agreement which does not comply with the provisions of this act or who violates any provision of this act except as a result of accidental or bona fide error is barred from the recovery of any time price differential, any official fees, delinquency or collection charge, attorney fees or court costs and the buyer shall be entitled to recover his reasonable attorney fees and court costs from the seller or his assigns.
Notwithstanding the provisions of this section, nothing in this act shall bar recovery upon a contract which is lawful where executed and is executed outside this state by a buyer who was not at the time of such execution a bona fide resident of this state, except that no seller or seller's assign may in any such action recover a greater total time price differential upon any retail installment contract or charge agreement than the maximum lawful rate which would have been permitted by this act if such contract or agreement had been executed in this state.
History: 1966, Act 224, Eff. Mar. 10, 1967

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 224 of 1966 - Retail Installment Sales Act (445.851 - 445.873)

Section 445.851 - Retail Installment Sales Act; Short Title.

Section 445.851a - Truth in Lending Act; Effect of Compliance.

Section 445.852 - Definitions.

Section 445.853 - Retail Installment Contract; Requirements; Size; Notice to Buyer; Delivery of Copy; Nondelivery; Provisions; Contents of Contract; Transaction Involving Vehicle; Terms; Statement That Seller Retains Security Interest.

Section 445.854 - Retail Installment Contracts; Single Document Not Required; Sales Slip, Account Book, Other Written Statements.

Section 445.855 - Transactions Negotiated and Entered Into by Mail or Telephone; Applicable Provisions of Act; Memorandum.

Section 445.856 - Retail Installment Contracts; Blank Space; Filling.

Section 445.857 - Time Price Differential; Limitation; Computation; Minimum Time Price Differential.

Section 445.858 - Prepayment of Unpaid Balance; Amount of Refund Credit.

Section 445.859 - Installment Contract or Retail Charge Agreement; Delinquency and Collection Charge.

Section 445.860 - Retail Installment Contracts; Statement of Dates, Payments and Unpaid Balances; Receipt.

Section 445.861 - Retail Installment Transactions; Subsequent Purchases; Previous Contracts; Inclusion and Consolidation; New Schedule of Installment Payments.

Section 445.862 - Retail Charge Agreement; Delivery of Copy to Buyer; Acknowledgment; Blank Spaces; Statement of Time Price Differential; Notice to Buyer; Periodic Statement; Computation of Time Price Differential; Adjustment of Charges; Attorney's F...

Section 445.862a - Submission of Invoice Evidencing Credit Card Sale.

Section 445.863 - Retail Installment Contracts or Charge Agreements; Insurance Included in Cost; Requirements; Minimum Charges; Refunds.

Section 445.864 - Retail Installment Contracts or Charge Agreements; Prohibited Provisions; Denial of Application Based on Geographic Location of Residence Prohibited; Permissible Conduct; Exemption; Contract for Financial Services Not Required; Offe...

Section 445.865 - Purchase or Acquisition of Retail Installment Contract or Retail Charge Agreement by Assignee; Terms, Conditions, and Price; Evidence of Obligation; Validity of Written Assignment; Notice; Payment to Last Known Holder; Claims and De...

Section 445.865a - Contracts, Agreements, or Other Transactions Considered Made in State; Offer or Agreement to Sell in State; Acceptance or Offer to Buy in State.

Section 445.866 - Waiver of Act as to Buyers' Protection Prohibited.

Section 445.867 - Violation of Act; Misdemeanor.

Section 445.868 - Violation of Act; Effect as to Recovery Rights of Seller.

Section 445.869 - Violation of Act; Actions; Penalties.

Section 445.870 - Violation of Act; Assurance of Discontinuance; Acceptance by Attorney General, Approval of Circuit Court.

Section 445.871 - Violation of Order of Circuit Court; Civil Penalty.

Section 445.871a - Compliance With Federal Truth-in-Lending Act; Violation as Unintentional and Bona Fide Error; Burden of Proof.

Section 445.872 - Effect of Act as to Prior Contracts.

Section 445.873 - Time Price Differential Consisting of Interest on Amount of Unpaid Principal Balance of Contract; Modifications.