North Carolina General Statutes
Chapter 25A - Retail Installment Sales Act
§ 25A-23 - Collateral taken by the seller.

25A-23. Collateral taken by the seller.
(a) The seller in a consumer credit sale may take a security interest only in the following property of the buyer to secure the debt arising from the sale:
(1) The property sold,
(2) Property previously sold by the seller to the buyer and in which the seller has an existing security interest,
(3) Personal property to which the property sold is installed, if the amount financed is more than three hundred dollars ($300.00),
(4) Real property to which the property sold is affixed, if the amount financed is more than one thousand dollars ($1,000), and
(5) A self-propelled motor vehicle to which repairs are made, if the amount financed exceeds one hundred dollars ($100.00).
(6) Any property which is used for agricultural purposes, if the property sold is to be used in the operation of an agricultural business.
(b) A security interest taken in property other than that permitted in subsection (a) of this section shall be void and not enforceable.
(c) Nothing in this section shall affect any right or liens granted by Chapter 44A of the General Statutes.
(d) The provisions of G.S. 24-11(a), limiting the taking of a security interest in property under an open end credit or similar plan, shall not apply to revolving charge account contracts regulated by this Chapter; provided, however, the application of payments rule set out in G.S. 25A-27 shall apply to such contracts; provided further, that in any action initiated by the seller for the possession of such property, a judgment for the possession thereof shall be restricted to commercial units (as defined in G.S. 25-2-105(6)) for which the cash price was one hundred dollars ($100.00) or more. (1971, c. 796, s. 1; 1977, c. 508; c. 789, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 25A - Retail Installment Sales Act

§ 25A-1 - Scope of act.

§ 25A-2 - "Consumer credit sale" defined.

§ 25A-3 - "Payable in installments" defined.

§ 25A-4 - "Goods" defined.

§ 25A-5 - "Services" defined.

§ 25A-6 - "Seller" defined.

§ 25A-7 - "Cash price" defined.

§ 25A-8 - "Finance charge" defined.

§ 25A-9 - "Amount financed" defined.

§ 25A-10 - "Official fees" defined.

§ 25A-11 - "Revolving charge account contract" defined.

§ 25A-12 - "Consumer credit installment sale contract" defined.

§ 25A-13 - "Consumer Credit Protection Act" defined.

§ 25A-14 - Finance charge rates and service charge for revolving charge account contracts.

§ 25A-15 - Finance charge rates for consumer credit installment sale contracts.

§ 25A-16 - Transfer of equity.

§ 25A-17 - Additional charges for insurance.

§ 25A-18 - Confession of judgment.

§ 25A-19 - Acceleration.

§ 25A-20 - Disclaimer of warranty.

§ 25A-21 - Attorneys' fees.

§ 25A-22 - Receipts for payments; return of title documents upon full payment.

§ 25A-23 - Collateral taken by the seller.

§ 25A-24 - Identification of instruments of indebtedness.

§ 25A-25 - Preservation of consumers' claims and defenses.

§ 25A-26 - Substitution of collateral.

§ 25A-27 - Application of payments.

§ 25A-28 - Form of consumer credit installment sale contract.

§ 25A-29 - Default charges.

§ 25A-30 - Deferral charges.

§ 25A-31 - Consolidation and refinancing.

§ 25A-32 - Rebates on prepayment.

§ 25A-32.1 - Unearned finance charge credits on prepayment of loans secured by real property and mobile home loans.

§ 25A-33 - Terms of payments.

§ 25A-34 - Balloon payments.

§ 25A-35 - Statement of account.

§ 25A-36 - Certificates of insurance and rebates.

§ 25A-37 - Referral sales.

§ 25A-38 - "Home-solicitation sale" defined.

§ 25A-39 - Buyer's right to cancel.

§ 25A-40 - Form of agreement or offer; statement of buyer's rights.

§ 25A-41 - Restoration of down payment; retention of goods.

§ 25A-42 - Duties as to care and return of goods; no compensation for services prior to cancellation.

§ 25A-43 - Unconscionability.

§ 25A-44 - Remedies and penalties.

§ 25A-45 - Conflict with Consumer Credit Protection Act.