Michigan Compiled Laws
Act 27 of 1950 (Ex. Sess.) - Motor Vehicle Sales Finance Act (492.101 - 492.141)
Section 492.113 - Installment Sale Contract; Contents; Collateral Security; Notice of Legal Rights; Liability.

Sec. 13.
(1) An installment sale contract shall include the full names and addresses of all the parties to the contract, the date when signed by the buyer, and a description of the motor vehicle sold that is sufficient for accurate identification.
(2) An installment sale contract shall set forth all of the following separate items in the following order:
(a) The cash price of the motor vehicle. This amount shall include any taxes, the cash price of agreed upon accessories and installation of the accessories, the cash price of any extended warranty or service contract, and a documentary preparation fee. The documentary preparation fee shall not exceed 5% of the cash price of the motor vehicle or $160.00, whichever is less. Beginning on January 1, 2005, the administrator shall adjust the maximum amount then in effect for the documentary preparation fee described in this subdivision every 2 years to reflect the cumulative percentage change in the consumer price index for the 2 immediately preceding calendar years, as determined by the administrator. The administrator shall round the adjustment to the nearest $10.00 increment to set the fee every 2 years under this subdivision, but shall carry over and use the absolute value to calculate the next 2-year adjustment. As used in this subdivision, "consumer price index" means the United States consumer price index for all urban consumers, U.S. city average, as defined and reported by the United States department of labor, bureau of labor statistics.
(b) The down payment made by the buyer at the time of or before execution of the contract, indicating whether made in cash, represented by the agreed value of a trade-in motor vehicle or other goods, or both. The amount of cash and the value of any trade-in shall be stated separately. A description that is sufficient for identification of any trade-in shall be included.
(c) The unpaid cash price balance, which is the difference between the cash price under subdivision (a) and the down payment under subdivision (b).
(d) The cost of any insurance premium or travel emergency benefits pertaining to the operation of the automobile that the seller agrees to extend credit to the buyer to obtain. The installment sale contract shall set forth the term of the insurance and a concise description of the terms of the insurance policy and the travel emergency benefits. If the precise cost of the insurance is not available at the time the contract is signed, an estimated amount, ascertained from the current published applicable manual of a recognized standard insurance rating bureau, may be set forth in the contract. Within 25 days after making the installment sale contract, the seller shall mail or cause to be mailed to the buyer at his or her address as shown on the contract a certificate or policy of insurance and a statement showing the exact cost of the insurance. Each installment sale contract shall contain the following warning, printed prominently in red ink and in 12-point type or larger, directly preceding the notice provided for in section 12(d), enclosed by a continuous heavy line:

(i) "Guaranteed asset protection waiver" means that term as defined in section 3 of the guaranteed asset protection waiver act.
(ii) A guaranteed asset protection waiver may be included as part of, or as an addendum to, an installment sale contract.
(iii) An installment seller that offers, sells, or provides guaranteed asset protection waivers to installment buyers in this state must comply with the guaranteed asset protection waiver act.
(iv) Any cost to an installment buyer for a guaranteed asset protection waiver entered into in compliance with the truth in lending act, 15 USC 1601 to 1667f, and the regulations promulgated under that act, 12 CFR part 226, must be separately stated and is not considered a finance charge or interest.
(f) Other necessary or incidental costs that the seller contracts to pay on behalf of the buyer and for the amount of which the seller agrees to extend credit to the buyer as authorized under this act. The contract shall contain an itemization of the nature and amount of the costs.
(g) The principal amount financed, which is the total of the amounts described in subdivisions (c), (d), (e), and (f).
(h) The finance charge, which is the consideration in excess of the total of the cash price under subdivision (a), excluding the amounts described in subdivisions (d), (e), and (f).
(i) The time balance, which is the total of the amounts described in subdivisions (g) and (h) and represents the total obligation of the buyer that he or she agrees to pay in 2 or more scheduled payments.
(j) The payment schedule, which shall include the number of payments, the amount of the payments, and the time of the payments required to liquidate the time balance.
(3) An installment sale contract shall state clearly any collateral security given to secure the buyer's obligation under the contract.
(4) An installment sale contract shall contain a summary notice of the buyer's principal legal rights respecting prepayment of the contract and rebate of the finance charge and reinstatement of the contract in the event of repossession.
(5) An installment sale contract shall contain specific provisions concerning the buyer's liability for default charges, repossession, and sale of the motor vehicle in case of default or other breach of contract, and the seller's or holder's rights concerning any collateral security.
History: 1950, Ex. Sess., Act 27, Eff. Mar. 31, 1951 ;-- Am. 1957, Act 26, Eff. Sept. 27, 1957 ;-- Am. 1968, Act 168, Imd. Eff. June 17, 1968 ;-- Am. 1990, Act 27, Imd. Eff. Mar. 13, 1990 ;-- Am. 2002, Act 699, Imd. Eff. Dec. 30, 2002 ;-- Am. 2009, Act 231, Eff. July 7, 2010

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 492 - Installment Sales of Motor Vehicles

Act 27 of 1950 (Ex. Sess.) - Motor Vehicle Sales Finance Act (492.101 - 492.141)

Section 492.101 - Motor Vehicle Sales Finance Act; Short Title.

Section 492.102 - Definitions.

Section 492.103 - Installment Seller of Motor Vehicles; Sales Finance Company; License Required.

Section 492.104 - License; Application; Form; Contents; Appointment of Statutory Agent; Service of Process; Separate Application for Each Place of Business; Renewal.

Section 492.105 - Bond to Accompany First License Application; Bond Applicable to Principal Place of Business; Form; Penal Sum; Execution; Condition; Action on Bond; Filing New Bond or Renewal Certificate.

Section 492.106 - License; Application; Fee; Abatement in Amount of License Fee; Expiration of License; Examination Fee; Hourly Rate and per Contract Rate; Invoice; Payment; Disposition and Use of Fees and Expenses.

Section 492.106a - Receipt of Completed Application for New or Renewal License; Issuance of License Within Certain Time Period; Report.

Section 492.107 - License Certificate; Issuance; Posting; License Nontransferable and Nonassignable; Change in Business Location; Notice; Amendment of License Certificate; Fee; Operating More Than 1 Place of Business.

Section 492.108 - License; Application, Rejection, Grounds, Notice; Retention of Fee.

Section 492.109 - License; Revocation or Suspension; Grounds; Appeal.

Section 492.110 - Investigation and Examination of Records; Access to Place of Business; Required Witness Attendance; Subpoena; Forms, Rules and Regulations.

Section 492.111 - Books, Accounts and Records; Maintenance.

Section 492.112 - Installment Sale Contract; Contents; Signatures; Buyer's Copy; Notice; Form; Delivery Acknowledgment; Payments; Applicability.

Section 492.113 - Installment Sale Contract; Contents; Collateral Security; Notice of Legal Rights; Liability.

Section 492.113a - Installment Sale Transaction; Certain Payments by Seller on Behalf of Buyer.

Section 492.114 - Installment Sale Contract; Condition of Signing; Acceleration Clause; Right of Repossession; Prohibited Provisions.

Section 492.114a - Evidence of Obligation; Holder Subject to Claims and Defenses of Buyer; Limitation on Buyer's Recovery; Mandatory Provision in Installment Sale Contract; Sales to Which Section Applicable; Action to Collect Debt; Designation of Dis...

Section 492.115 - Installment Sale Contract; Sale, Transfer, Assignment; Notice to Buyer; Exception; Assignment Contracts.

Section 492.116 - Installment Sale Contract; Insurance of Vehicle, Limitation, Coercion Prohibited; Premium Cost, Buyer's Certificate, Terms of Contract, Cancellation.

Section 492.116a - Unexpired Insurance Premiums; Crediting.

Section 492.117 - Installment Sale Contract; Costs; Fees.

Section 492.118 - Finance Charge on Installment Sale Contract; Maximum Rate; Computation.

Section 492.119 - Installment Sale Contract; Extension; Refinance Charges; Maximum Rate; Cash Loans.

Section 492.120 - Installment Sale Contract; Default Charge; Maximum Rate; Computation; Collection.

Section 492.121 - Installment Sale Contract; Prepayment of Unpaid Time Balance; Rebate of Unearned Finance Charge.

Section 492.122 - Installment Sale Contract; Payments.

Section 492.122a - Truth in Lending Act; Effect of Compliance.

Section 492.123-492.127 - Repealed. 1962, Act 174, Eff. Jan. 1, 1964.

Section 492.128 - Installment Sale Contract; Buyer Furnished Statement of Account, Contents; Fee for Additional Statement.

Section 492.129 - Installment Sale Contract; Receipt, Contents; Payment by Mail.

Section 492.130 - Installment Sale Contract; Payment in Full, Release, Discharge, Instruments Delivered to Buyer.

Section 492.131 - Installment Sale Contract; Limitation on Charges; Charges Prohibited; Equity Transfer.

Section 492.132 - Installment Sale Contract; Waiver.

Section 492.133 - Installment Sale Contract; Prior Contracts.

Section 492.134 - Installment Sale Contract; Expiration, Surrender or Revocation of License.

Section 492.135 - Installment Sale Contract; Sales Outside State.

Section 492.136 - Businesses Not Affected or Impaired by Acts.

Section 492.137 - Violation of Act; Penalty.

Section 492.138 - Repealed. 1988, Act 242, Eff. Aug. 1, 1988.

Section 492.139, 492.140 - Repealed. 1964, Act 256, Eff. Aug. 28, 1964.

Section 492.141 - Optional Method of Computing Finance Charge.