45-336. Installment contract; requirements.
(1) Each retail installment contract shall be in writing, shall be signed by both the buyer and the seller, and shall contain the following items and a copy thereof shall be delivered to the buyer at the time the instrument is signed, except for contracts made in conformance with section 45-340: (a) The cash sale price; (b) the amount of the buyer's downpayment, and whether made in money or goods, or partly in money and partly in goods, including a brief description of any goods traded in; (c) the difference between subdivisions (a) and (b) of this subsection; (d) the amount included for insurance if a separate charge is made therefor, specifying the types of coverages; (e) the amount included for a debt cancellation contract or a debt suspension contract if the debt cancellation contract or debt suspension contract is a contract of a financial institution or licensee, such contract is sold directly by such financial institution or licensee or by an unaffiliated, nonexclusive agent of such financial institution or licensee in accordance with 12 C.F.R. part 37, as such part existed on January 1, 2011, and the financial institution or licensee is responsible for the unaffiliated, nonexclusive agent's compliance with such part, and a separate charge is made therefor; (f) the amount included for electronic title and lien services other than fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying any security related to the credit transaction; (g) the basic time price, which is the sum of subdivisions (c), (d), (e), and (f) of this subsection; (h) the time-price differential; (i) the amount of the time-price balance, which is the sum of subdivisions (g) and (h) of this subsection, payable in installments by the buyer to the seller; (j) the number, amount, and due date or period of each installment; (k) the time-sales price; and (l) the amount included for a guaranteed asset protection waiver.
(2) The contract shall contain substantially the following notice: NOTICE TO THE BUYER. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.
(3) The items listed in subsection (1) of this section need not be stated in the sequence or order set forth in such subsection. Additional items may be included to explain the computations made in determining the amount to be paid by the buyer. No installment contract shall be signed by the buyer or proffered by seller when it contains blank spaces to be filled in after execution, except that if delivery of the goods or services is not made at the time of the execution of the contract, the identifying numbers or marks of the goods, or similar information, and the due date of the first installment may be inserted in the contract after its execution.
(4) If a seller proffers an installment contract as part of a transaction which delays or cancels, or promises to delay or cancel, the payment of the time-price differential on the contract if the buyer pays the basic time price, cash price, or cash sale price within a certain period of time, the seller shall, in clear and conspicuous writing, either within the installment contract or in a separate document, inform the buyer of the exact date by which the buyer must pay the basic time price, cash price, or cash sale price in order to delay or cancel the payment of the time-price differential. The seller or any subsequent purchaser of the installment contract, including a sales finance company, shall not be allowed to change such date.
(5) Upon written request from the buyer, the holder of an installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under such contract. A buyer shall be given a written receipt for any payment when made in cash.
(6) After payment of all sums for which the buyer is obligated under a contract, the holder shall deliver or mail to the buyer at his or her last-known address one or more good and sufficient instruments or copies thereof to acknowledge payment in full and shall release all security in the goods and mark canceled and return to the buyer the original agreement or copy thereof or instruments or copies thereof signed by the buyer. For purposes of this section, a copy shall meet the requirements of section 25-12,112.
Source
Structure Nebraska Revised Statutes
Chapter 45 - Interest, Loans, and Debt
45-101.03 - General interest rate; maximum; variable rate authorized; conditions.
45-101.04 - General interest rate; maximum; when not applicable.
45-101.05 - Mortgage loan; escrow account; how established and maintained.
45-101.06 - Escrow accounts; not required.
45-101.07 - Violations; penalty.
45-102 - Interest; legal rate; exception.
45-103 - Interest; judgments; decrees; rate; exceptions.
45-103.01 - Postjudgment interest; accrual; when.
45-103.02 - Prejudgment interest; accrual; when; conditions.
45-103.03 - Interest; how computed.
45-103.04 - Prejudgment interest; exceptions.
45-104 - Interest; other contract obligations.
45-104.01 - Interest; political subdivisions; delinquent taxes; special assessments.
45-104.02 - Interest; State of Nebraska; delinquent taxes; special assessments; credits or refunds.
45-106 - Interest; warrants or orders.
45-107 - Interest; effect on purchase of certain lands.
45-108 - Interest; rate; when calculated by the year.
45-109 - Contracts for payment of money or indebtedness; when usurious.
45-110 - Usurious contracts; limit of recovery.
45-111 - Usury; civil proceedings; testimony of lender compellable.
45-112 - Usury; relief; tender of principal unnecessary.
45-113 - Usury; witness; testimony not evidence in criminal proceeding, when.
45-114 - Transferred to section 45-1002.
45-115 - Transferred to section 45-1003.
45-116 - Transferred to section 45-1004.
45-117 - Transferred to section 45-1005.
45-118 - Transferred to section 45-1006.
45-119 - Transferred to section 45-1007.
45-120 - Transferred to section 45-1008.
45-121 - Transferred to section 45-1009.
45-122 - Transferred to section 45-1010.
45-123 - Transferred to section 45-1011.
45-124 - Transferred to section 45-1012.
45-126 - Transferred to section 45-1013.
45-127 - Transferred to section 45-1014.
45-128 - Transferred to section 45-1015.
45-129 - Transferred to section 45-1016.
45-130 - Transferred to section 45-1017.
45-131 - Transferred to section 45-1018.
45-132 - Transferred to section 45-1019.
45-133 - Transferred to section 45-1020.
45-134 - Transferred to section 45-1021.
45-135 - Transferred to section 45-1022.
45-136 - Transferred to section 45-1023.
45-137 - Transferred to section 45-1024.
45-138 - Transferred to section 45-1025.
45-139 - Transferred to section 45-1026.
45-140 - Transferred to section 45-1027.
45-142 - Transferred to section 45-1028.
45-143 - Transferred to section 45-1029.
45-144 - Transferred to section 45-1030.
45-145 - Transferred to section 45-1031.
45-148 - Transferred to section 45-1034.
45-149 - Transferred to section 45-1035.
45-150 - Transferred to section 45-1036.
45-153 - Transferred to section 45-1037.
45-154 - Transferred to section 45-1038.
45-155 - Transferred to section 45-1039.
45-156 - Transferred to section 45-1040.
45-157 - Transferred to section 45-1041.
45-158 - Transferred to section 45-1042.
45-173 - Transferred to section 45-1043.
45-174 - Transferred to section 45-1044.
45-175 - Transferred to section 45-1045.
45-176 - Transferred to section 45-1046.
45-177 - Transferred to section 45-1047.
45-178 - Transferred to section 45-1048.
45-179 - Transferred to section 45-1049.
45-180 - Transferred to section 45-1050.
45-181 - Transferred to section 45-1051.
45-182 - Transferred to section 45-1052.
45-183 - Transferred to section 45-1053.
45-184 - Transferred to section 45-1054.
45-185 - Transferred to section 45-1055.
45-186 - Transferred to section 45-1056.
45-187 - Transferred to section 45-1057.
45-188 - Transferred to section 45-1058.
45-189 - Loan brokers; legislative findings.
45-191 - Loan brokers; prohibited acts.
45-191.01 - Loan brokerage agreement; written disclosure statement; requirements.
45-191.02 - Loan brokers; filings with department required; filing fees.
45-191.03 - Prohibited acts; violations; penalties.
45-191.04 - Loan brokerage agreement; requirements; right to cancel.
45-191.05 - Waiver of sections; attempt; prohibited.
45-191.06 - Department; adopt rules and regulations.
45-191.07 - Violation of loan brokerage agreement by loan broker; effect.
45-191.08 - Director; enforcement powers.
45-194 - Transferred to section 45-1059.
45-195 - Transferred to section 45-1060.
45-196 - Transferred to section 45-1061.
45-198 - Transferred to section 45-1062.
45-199 - Transferred to section 45-1063.
45-1,100 - Transferred to section 45-1064.
45-1,101 - Transferred to section 45-1065.
45-1,102 - Transferred to section 45-1066.
45-1,103 - Transferred to section 45-1067.
45-1,104 - Federal interest rate limitations; rejected by state.
45-1,106 - Consumer credit transaction; default; notice required.
45-1,107 - Consumer credit transaction; default; consumer's right to cure.
45-1,109 - Consumer credit transactions; procedures; when applicable.
45-1,110 - Consumer credit default procedures; not applicable to certain licensees.
45-1,111 - Forced sale; disposition of certain proceeds.
45-1,113 - Action or defense based on credit agreement; requirements.
45-1,114 - Implied credit agreement; limitations.
45-1,115 - Sections; applicability.
45-1,116 - Transferred to section 45-1068.
45-205 - Agreements; requirements; fees and delinquency charges authorized.
45-206 - Monthly statement by seller; contents; payment in full; requirements.
45-207 - Time-price differential; rate; maximum.
45-333 - Transferred to section 45-408.
45-336 - Installment contract; requirements.
45-337 - Insurance; policy; cancellation; premium refund; fee.
45-338 - Installment contract; time-price differential; rate; maximum; origination fee.
45-339 - Subsequent purchases; consolidate with previous contract; requirements.
45-340 - Contracts negotiated by mail; requirements.
45-341 - Delinquency charges; limitation; fee.
45-342 - Prepayment; rebate; how computed.
45-343 - Failure to obtain license; penalty.
45-344 - Excess charges; penalty.
45-345 - License; requirement; exception.
45-346 - License; application; contents; issuance; bond; fee; term; director; duties.
45-346.01 - Licensee; move of main office; notice to director; maintain minimum net worth; bond.
45-348 - License; renewal; licensee; duties; fee; voluntary surrender of license.
45-350 - License; denial of renewal; suspension; revocation; appeal.
45-351 - Licensee; investigation and inspection; director; appoint examiners; charges; fines; lien.
45-351.01 - Holder of contract; extension or deferment authorized; fee.
45-352 - Rules and regulations; adopt.
45-353 - Violations; enforcement; receiver; appointment; powers; duties.
45-355 - Nationwide Mortgage Licensing System and Registry; information sharing; director; powers.
45-604 - Board; adopt rules and regulations.
45-605 - Board; duties; application for license; filing; issuance; denial; appeal.
45-606 - License; application; fees; financial statement; form.
45-607 - License; qualifications of licensee.
45-608 - Licensee; bond; conditions.
45-609 - License; form; display.
45-610 - Licensee; employees; solicitor's certificates; form.
45-611 - Licenses; certificates; expiration; renewal; application; time.
45-612 - Licensee; solicitor; violation; conviction; revocation; hearing; order.
45-613 - Licensee; solicitor; complaint; citation; notice; hearing.
45-614 - Licensee; solicitor; citation; power to issue subpoenas; depositions.
45-615 - Licensee; solicitor; citation; hearing; board; findings; powers.
45-616 - License; solicitor's certificate; appeals; procedure.
45-617 - Licensee; solicitor's certificate; appeal; effect.
45-619 - Licensee; board; require financial statement; confidential.
45-620 - License; certificates; fees.
45-622 - Licensee; solicitor; prohibited from practice of law.
45-623 - Collection of public debts; contracts authorized; requirements.
45-707 - Transferred to section 45-742.
45-708 - Transferred to section 45-747.
45-709 - Transferred to section 45-724.
45-710 - Transferred to section 45-741.
45-711 - Transferred to section 45-737.
45-712 - Transferred to section 45-738.
45-713 - Transferred to section 45-739.
45-714 - Transferred to section 45-740.
45-715 - Transferred to section 45-750.
45-716 - Transferred to section 45-751.
45-717 - Transferred to section 45-744.
45-717.01 - Transferred to section 45-743.
45-717.02 - Transferred to section 45-746.
45-718 - Transferred to section 45-745.
45-719 - Transferred to section 45-752.
45-720 - Transferred to section 45-753.
45-721 - Transferred to section 45-754.
45-722 - Transferred to section 45-725.
45-723 - Transferred to section 45-748.
45-724 - Surety bond; requirements.
45-725 - Acquisition of control of mortgage banking business; procedure; fee; disapproval; hearing.
45-728 - License; application; form; fee; use of nationwide registry.
45-730 - Prelicensing education requirements; course review and approval; relicensure requirements.
45-731 - Written test requirement; subject areas.
45-732 - License; term; renewal; minimum standards for renewal; fee; denial; appeal.
45-734 - Mortgage loan originator license; inactive status; duration; renewal; reactivation.
45-736 - Unique identifier; use.
45-737 - Mortgage banker; licensee; duties.
45-737.01 - Mortgage loan originator; licensee; duties.
45-738 - Licensee; failure to deliver abstract of title.
45-739 - Transfer of servicing rights; duties.
45-740 - Prohibited acts; violation; penalty; civil liability.
45-743 - Violations; administrative fine; costs; lien.
45-744 - Cease and desist orders; department; powers; judicial review; violation; penalty.
45-747 - Prohibited acts; penalty.
45-750 - Department; duties; rules and regulations.
45-751 - Money collected; disposition.
45-752 - Act; liberal construction.
45-753 - Personal jurisdiction; when.
45-754 - Loans subject to act.
45-806 - Registration statement; contents; requirements; fee.
45-807 - Written statement to buyer; contents; credit services organization; duties.
45-808 - Contract; requirements; cancellation; procedure; notice; breach; effect.
45-809 - Waiver of rights; void.
45-811 - Violation; injunction.
45-812 - Violation; deceptive trade practice.
45-813 - Statute of limitations.
45-903 - Act; not applicable to financial institutions.
45-904 - License required; void transaction; effect.
45-905 - Application for license; form; contents; criminal history record information check.
45-906 - Application; fees; bond.
45-907 - Application; notice of filing; publication; hearing; investigation; costs.
45-908 - License; issuance; conditions.
45-909 - Application for license; timely action of director required; appeal.
45-910 - License; posting; renewal; fees.
45-911 - Surrender of license; effect.
45-912 - Licensee; duty to inform director; when.
45-913 - License; not transferable or assignable.
45-914 - Change in control of licensee; approval required.
45-915.01 - Licensee; books and records.
45-916 - Operating with other business; conditions.
45-917 - Licensee; written notice; contents; fees, charges, and penalties; posting required.
45-918 - Annual percentage rate; violation; effect; fee; limitation.
45-918.01 - Returned check; collection; returned check charge; court costs; attorney's fees.
45-918.02 - Prepayment; how treated.
45-918.03 - Rescission; redemption.
45-918.04 - Licensee; payment options; electronic payment with authorization.
45-919.01 - Extended payment plan; request; terms; default.
45-920 - Director; examination of licensee; powers; costs.
45-921 - Alleged violations; director; powers and duties.
45-922 - Licensee; disciplinary actions; failure to renew.
45-923 - Cease and desist order; procedure; appeal.
45-924 - Injunction, restraining order, or writ of mandamus.
45-926 - Operating without a license; penalty.
45-927 - Fees, charges, costs, and fines; distribution.
45-928 - Personal jurisdiction over licensee.
45-929 - Director; rules and regulations; additional powers.
45-930 - Financial Literacy Cash Fund; created; use; investment.
45-931 - Licensees; annual report; contents; department; duties; report.
45-1002 - Terms, defined; act; applicability.
45-1003 - Installment loans; financial institution ineligible.
45-1005 - Installment loans; license; application; fee.
45-1006 - Installment loans; application hearing; protest; procedure.
45-1007 - Installment loans; license; bond.
45-1008 - License; issuance; requirements; term.
45-1010 - Installment loans; licenses; limitations as to business and persons.
45-1011 - Installment loans; place of business; separate office required; exceptions; enforcement.
45-1012 - Licensee; service of process.
45-1014 - Installment loans; fees; disposition.
45-1015 - Installment loans; doing business without license; penalty.
45-1016 - Installment loans; rules and regulations; power of Department of Banking and Finance.
45-1017 - Licensees; business, records, and accounts; inspection; expenses; fines; lien.
45-1019 - Cease and desist order; hearing; judicial review; enforcement; violation; penalty.
45-1020 - Misleading advertising prohibited; enforcement.
45-1021 - Installment loans; interest, defined.
45-1022 - Installment loans; payment in advance; application of payments.
45-1023 - Installment loans; false statement to secure; penalty.
45-1025 - Installment loans; additional charges authorized; loan period; violation; effect.
45-1027 - Installment loans; insurance procured through licensee; statement.
45-1028 - Installment loans; assignments of wages or security agreement in blank; prohibited.
45-1029 - Installment loans; power of attorney and instruments with blanks prohibited.
45-1030 - Installment loans; assignment of wages; consent of spouse necessary.
45-1031 - Installment loans; statement to borrower; contents.
45-1032 - Surrender of license; effect.
45-1033 - License; administrative fine; disciplinary actions; failure to renew.
45-1034 - License; revocation; new license; court order required.
45-1035 - License; revocation; record of proceedings.
45-1037 - Violations; penalty.
45-1038 - Licensees; loan provisions; violations; effect.
45-1039 - Licensees; violations; effect.
45-1040 - Repayment of loan; licensee; duties.
45-1041 - Installment loans; enforcement.
45-1042 - Loans made outside of state; enforcement in this state.
45-1043 - Borrower's obligation; licensee; contacts limitation.
45-1044 - Borrower's obligation; contact; limitation; waiver.
45-1045 - Licensee; contacts permitted without borrower's consent.
45-1046 - Borrower; default; notice to licensee; effect.
45-1047 - Licensee; actions; permitted; prohibited.
45-1048 - Borrower; right to action; licensee; judgment; effect.
45-1049 - Borrower; default; agreement; extent of enforceability.
45-1050 - Borrower; loan; default; licensee; notice; contents.
45-1051 - Borrower; loan; default; right to cure; procedure.
45-1052 - Borrower; loan; default; licensee; possession of collateral; restrictions.
45-1053 - Loan; third-party obligation; when.
45-1054 - Borrower; deficiency; liability; how treated.
45-1055 - Writing evidencing borrower's obligation; form; copies; fee; licensee; duties.
45-1056 - Licensee; discrimination prohibited.
45-1057 - Licensee; loan; former debt; how treated.
45-1058 - Violation; loan transaction; licensee; liability.
45-1059 - Preauthorized loans; definitions; where found.
45-1060 - Billing cycle, defined.
45-1061 - Preauthorized loan, defined.
45-1062 - Preauthorized loans; charges authorized; computation.
45-1063 - Preauthorized loan; repayment; requirements.
45-1064 - Preauthorized loans; additional fees, costs, and expenses authorized; restrictions.
45-1065 - Preauthorized loans; security interest authorized.
45-1066 - Preauthorized loans; sections not applicable.
45-1067 - Preauthorized loans; department; powers.
45-1069 - Administrative fine; procedure; lien.
45-1102 - Purpose of act; exclusions from act; exemption from insurance requirements.
45-1105 - Guaranteed asset protection waiver; disclosures required.
45-1107 - Modification of guaranteed asset protection waiver; limitations.
45-1203 - Contractor; payment; payment request; subcontractor; payment; retainage; payment.
45-1204 - Withholdings; authorized.
45-1205 - Delay in payment; additional interest payment.
45-1206 - Other remedies available.
45-1207 - Residential real property; applicability of act.
45-1208 - Applicability to contracts entered into on or after October 1, 2010.
45-1209 - Contract provisions; void.
45-1211 - Violation of act; action for recovery; attorney's fees and costs.