54-3A-18. Refinancing agreement requirements.
A refinancing agreement shall:
(1)Be in writing and be signed by the parties;
(2)Incorporate by reference the transaction to which the refinancing agreement applies;
(3)State the amount that is to be refinanced, the date or dates on which the installments were originally payable and the date or dates on which they will become payable; and
(4)State the amount of the charge to be paid by the buyer for the privilege of refinancing, which shall be the difference between the total amount of the finance charge that was to have been paid under the terms of the original contract computed on the assumption that all scheduled installments would have been paid when due and the total finance charge that is to be paid pursuant to the refinancing computed on the assumption that all scheduled installments will be paid when due.
Source: SL 1974, ch 305, ยง14.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 03A - Consumer Installment Sales Contracts
Section 54-3A-1 - Definition of terms.
Section 54-3A-2 - Items included in amount financed.
Section 54-3A-3 - Finance charges on installment sales contract.
Section 54-3A-6 - Commencement of term of obligation--Down payments.
Section 54-3A-8 - Rule for computing refund of charges on prepayment.
Section 54-3A-8.1 - Restriction on use of rule.
Section 54-3A-9 - Rebate of portion of finance charge on prepayment or refinancing--Exceptions.
Section 54-3A-10 - Rebate on acceleration of maturity.
Section 54-3A-11 - Delinquent installments--Notice of penalty to consumer.
Section 54-3A-12 - Imposition and collection of delinquency charge.
Section 54-3A-12.1 - Imposition and collection of returned check charge--Maximum.
Section 54-3A-14 - Unilateral deferral by creditor prohibited.
Section 54-3A-15 - Deferral agreement requirements.
Section 54-3A-16 - Deferral charge not collected on refinancing.
Section 54-3A-17 - Refinancing agreement--Rebate excluded.
Section 54-3A-18 - Refinancing agreement requirements.
Section 54-3A-19 - Creditor's remedies on delinquency.
Section 54-3A-20 - Debt forfeited for excessive charges--Costs and attorney fees.
Section 54-3A-21 - Limitation on action for excessive charges.
Section 54-3A-22 - Demand required before action for excessive charges.
Section 54-3A-23 - Proof of unintentional error.