(A) An estimate of the disclosures required by Section 37-2-301 is required in connection with a credit sale of a purchaser-occupied manufactured home not less than two days before the consummation of the transaction as defined in 12 C.F.R. Section 226.2(a)(13). The estimated disclosure must be accompanied by the itemization of the amount financed. With respect to a credit sale that is secured by real property, the disclosures required by the Federal Real Estate Settlement Procedures Act are applicable.
(B) If the seller turns down the applicant for the credit sale before making the disclosures, the disclosures as provided in subsection (A) are not required. With respect to a credit sale that is secured by real property, the disclosures required by the Federal Real Estate Settlement Procedures Act are applicable.
(C)(1) If the seller determines that a material term of the credit sale must change, then the seller shall redisclose the estimated disclosures to conform to the changed terms and the transaction must not be consummated until one day after the redisclosure.
(2) A material term of the credit sale includes:
(a) the number of payments of the transaction;
(b) a feature of the transaction causing it to be an alternative mortgage transaction as defined in 12 U.S. Code Section 3802(1) when the transaction as previously disclosed was not an alternative mortgage transaction;
(c) a term or fee in the transaction or combination of terms or fees causing the annual percentage rate to vary more than one quarter of one percent of the annual percentage rate previously disclosed; or
(d) any insurance premiums, prepaid finance charges, third-party fees, or preparation charges that vary from the previously disclosed insurance premiums, prepaid finance charges, third-party fees, or preparation charges by the lesser of five hundred dollars in the aggregate or one percent of the estimated amount disclosed pursuant to subsection (A).
HISTORY: 2003 Act No. 42, Section 3.A, eff Jan. 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Section 37-2-101. Short title.
Section 37-2-103. Index of definitions in chapter.
Section 37-2-104. "Consumer credit sale" defined.
Section 37-2-106. "Consumer lease" defined.
Section 37-2-107. "Seller" defined.
Section 37-2-108. "Revolving charge account" defined.
Section 37-2-109. "Credit service charge" defined.
Section 37-2-110. "Cash price" defined.
Section 37-2-111. "Amount financed" defined.
Section 37-2-201. Credit service charge for consumer credit sales.
Section 37-2-202. Additional charges.
Section 37-2-203. Delinquency charges.
Section 37-2-204. Deferral charges.
Section 37-2-205. Credit service charge on refinancing.
Section 37-2-206. Credit service charge on consolidation.
Section 37-2-207. Credit service charge for revolving charge accounts.
Section 37-2-208. Advances to perform covenants of buyer.
Section 37-2-209. Right to prepay.
Section 37-2-210. Rebate upon prepayment.
Section 37-2-301. Compliance with Federal Truth in Lending Act.
Section 37-2-302. Receipts; statement of account; evidence of payment.
Section 37-2-303. Notice to cosigner and similar parties.
Section 37-2-304. Advertising.
Section 37-2-305. Filing and posting maximum rate schedule.
Section 37-2-306. Notice of assumption of rights.
Section 37-2-307. Motor vehicle sales contracts closing fees.
Section 37-2-309. Manufactured home credit disclosure; material terms.
Section 37-2-402. Use of multiple agreements.
Section 37-2-403. Certain negotiable instruments prohibited.
Section 37-2-404. Assignee subject to claims and defenses.
Section 37-2-405. Balloon payments.
Section 37-2-406. Restriction on liability in consumer lease.
Section 37-2-407. Security in sales and leases.
Section 37-2-408. Cross-collateral.
Section 37-2-409. Debt secured by cross-collateral.
Section 37-2-410. No assignment of earnings.
Section 37-2-411. Referral sales and leases.
Section 37-2-412. Notice of assignment.
Section 37-2-413. Attorney's fees.
Section 37-2-414. Limitation on default charges.
Section 37-2-415. Authorization to confess judgment prohibited.
Section 37-2-416. Change in terms of revolving charge accounts.
Section 37-2-501. Definition: "home solicitation sale".
Section 37-2-502. Buyer's right to cancel.
Section 37-2-503. Form of agreement or offer; statement of buyer's rights.
Section 37-2-504. Restoration of down payment.
Section 37-2-505. Duty of buyer; no compensation for services before cancellation.
Section 37-2-506. Compliance with Federal Trade Commission Trade Regulation Rule.
Section 37-2-601. Sales subject to title by agreement of parties.
Section 37-2-605. Credit service charge for other sales.
Section 37-2-701. Definitions.
Section 37-2-702. Required disclosures; manner of disclosure; when disclosures required.
Section 37-2-703. Renegotiation; extension of agreement.
Section 37-2-704. Advertisements; statement of terms.
Section 37-2-705. Delinquency charges.
Section 37-2-706. Deposits; delivery charges; pick up charges.
Section 37-2-707. Charge for default of lessee.
Section 37-2-708. Use of note as evidence of consumer's obligation.
Section 37-2-709. Assignment; claims or defenses.
Section 37-2-710. Assignment of earnings.
Section 37-2-711. Lessee's rights and obligations upon assignment.
Section 37-2-712. Confession of judgment.
Section 37-2-714. Lessee's right to reinstatement of rental-purchase agreement.