O.C.G.A.

O.C.G.A. § 10-1-2 (2019)

Definitions; construction

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this article, the term: (1) “Cash sale price” means the price for which the seller would have sold or furnished to the buyer and the buyer would have bought or obtained from the seller the goods or services which are the subject matter of the retail installment transaction if such sale had been a sale for cash. The cash sale price may include any applicable taxes and charges for delivery, installation, servicing, repairs, alterations, or improvements. (2) “Goods” means all personalty when purchased primarily for personal, family, or household use, including certificates or coupons issued by a retail seller exchangeable for personalty or services, but not including motor vehicles. The term “goods” includes such personalty which is furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement, or construction of real property so as to become a part thereof, whether or not severable therefrom. (3) “Holder” of a retail installment contract means the retail seller of the goods or services under the contract or, if the contract is purchased by a sales finance company or other assignee, the sales finance company or other assignee at the time of the determination. (4) “Home solicitation sale” means a consumer credit sale in which the purchase price is payable in installments and the seller or his representative solicits the sale in person and the buyer’s agreement or offer to purchase is made at a home other than that of the person soliciting the sale and the contract is signed at the time of such solicitation. (5) “Motor vehicle” means any device or vehicle operated over the public highways and streets of this state and propelled by other than muscular power but does not include traction engines, road rollers, implements of husbandry and other agricultural equipment, and such vehicles as run only upon a track.

(6) “Official fees” means the fees prescribed by law for filing, recording, or otherwise perfecting or releasing or satisfying any title or lien retained or taken by a seller in connection with a retail installment transaction. (7) “Person” means an individual, partnership, corporation, association, and any other group however organized. (8) “Retail buyer” or “buyer” means a person who buys goods or obtains services from a retail seller in a retail installment transaction and not principally for the purpose of resale. (9) “Retail installment contract” or “contract” means an instrument or instruments reflecting one or more retail installment transactions entered into in this state pursuant to which goods or services may be paid for in installments. The term includes a series of transactions made pursuant to an instrument or instruments providing for the addition of the amount financed plus the time price differential for the current sale to an existing balance. It does not include a revolving account or an instrument reflecting a sale pursuant thereto. (10) “Retail installment transaction” or “transaction” means any transaction to sell or furnish or the sale of or the furnishing of goods or services evidenced by a retail installment contract or a revolving account. (11) “Retail seller” or “seller” means a person regularly engaged in, and whose business consists to a substantial extent of, selling goods or services to a retail buyer. The term also includes a seller who regularly grants credit to retail buyers for the purpose of purchasing goods or services from any other person pursuant to a retail installment contract or a revolving charge account. (12) “Revolving account” or “account” means an instrument or instruments prescribing the terms of retail installment transactions which may be made thereafter from time to time pursuant thereto, under which the buyer’s total unpaid balance, whenever incurred, is payable in installments over a period of time and under the terms of which a time price differential or finance charge is to be computed in relation to the buyer’s balance from time to time. (13) “Sales finance company” means a person engaged in the business of purchasing retail installment contracts from one or more retail sellers. Such term includes but is not limited to a bank, trust company, or installment loan company, if so engaged. Such term does not include the pledge of an aggregate number of such contracts to secure a bona fide loan thereon. (14) “Services” means:

SELLING/OTHER TRADE PRACTICES

(A) Work, labor, or other personal services furnished for personal, family, or household use, whether or not furnished in connection with the delivery, installation, servicing, repair, or improvement of goods, and includes such work, labor, or personal services furnished in connection with the modernization, rehabilitation, repair, alteration, improvement, or construction upon or in connection with real property; (B) Privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, and the like; and (C) Insurance provided in connection with a retail installment transaction. (15) “Time price differential” means the amount, however denominated or expressed, paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments; such term does not include the amounts, if any, charged for insurance premiums, delinquency charges, attorneys’ fees, court costs, or official fees. (b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to this article.

History

Ga. L. 1967, p. 659, § 2; Ga. L. 1968, p. 1088, §§ 1, 2; Ga. L. 1976, p. 721, § 1; Ga. L. 1978, p. 1455, § 1; Ga. L. 1982, p. 3, § 10; Ga. L. 2020, p. 156, § 8/SB 462; Ga. L. 2024, p. 1052, § 2(1)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “Such term” for “The term” twice in para-

graph (a)(13) and substituted “such term does” for “it does” in paragraph (a)(15).

Annotations

Cross references. Finished goods defined for purposes of Level 2 Freeport Exemption, § 48-5-48.6. Editor’s notes. Ga. L. 2020, p. 156, § 10/SB 462, not codified by the General Assembly, provides that: “This Act shall apply to all installment loan agreements entered into on and after July 1, 2020.”

JUDICIAL DECISIONS Motor vehicles. - Ga. L. 1967, p. 659, § 1 et seq. does not apply to the sale of a motor vehicle in view of paragraph (a)(2) of Ga. L. 1967, p. 659, § 2. Holder v. Brock, 129 Ga. App. 732, 200 S.E.2d 912, 1973 Ga. App. LEXIS 1128 (1973), overruled, Tucker v. Chung Studio of Karate, Inc., 142 Ga. App. 818, 237 S.E.2d 223, 1977 Ga. App. LEXIS 1386 (1977). Mobile homes. - A mobile home falls within the definition of a “motor vehicle”. Holder v. Brock, 129 Ga. App. 732, 200 S.E.2d 912, 1973 Ga. App. LEXIS 1128

(1973), overruled, Tucker v. Chung Studio of Karate, Inc., 142 Ga. App. 818, 237 S.E.2d 223, 1977 Ga. App. LEXIS 1386 (1977). Farm equipment. - O.C.G.A. Art. 1, Ch. 1, T. 10 is not applicable to farm equipment such as a tobacco combine. Rigdon v. Walker Sales & Serv., Inc., 161 Ga. App. 459, 288 S.E.2d 711, 1982 Ga. App. LEXIS 3046 (1982). Commercial accounts. - Charges of 1½ percent on the unpaid balance on a commercial account were not authorized

by the Retail Installment and Home Solicitation Sales Act, O.C.G.A. § 10-1-1 et seq., even though the agreement involved was in the form set forth in the Retail Installment and Home Solicitation Sales Act because that statute applies only to purchases for personal, family, or household use. Gold Kist, Inc. v. McNair, 166 Ga. App. 66, 303 S.E.2d 290, 1983 Ga. App. LEXIS 2069, cert. denied, Officenters International Corp. v. Interstate North

Associates, 464 U.S. 937, 104 S. Ct. 347, 78 L. Ed. 2d 313, 1983 U.S. LEXIS 2135 (1983). Obligation arising out of farm supplies supplied to a farmer in the farmer’s business is clearly a commercial account and is not a retail installment transaction. McNair v. Gold Kist, Inc., 166 Ga. App. 782, 305 S.E.2d 478, 1983 Ga. App. LEXIS 2330 (1983).

RESEARCH REFERENCES Am. Jur. 2d. 67 Am. Jur. 2d, Sales, § 5 et seq. ALR. Constitutionality, construction,

application of statute respecting sale, assignment, or transfer of retail installment contracts, 10 A.L.R.2d 447. and

Notes of Decisions
Cited in 13 cases, 1983–2018 · leading case: Clark v. Aaron's, Inc., 914 F. Supp. 2d 1301 (N.D. Ga. 2012).
Clark v. Aaron's, Inc., 914 F. Supp. 2d 1301 (N.D. Ga. 2012). · cites it 4× “§ 10-1-681(1)(E) (excluding from the definition of lease-purchase agreements “[a] lease or agreement which constitutes a retail installment transaction as defined in paragraph (10) of subsection (a) of Code Section 10-1-2”) (emphasis added). Accordingly, Defendant’s motion to…”
Crider v. Zurich Ins., 474 S.E.2d 89 (Ga. Ct. App. 1996). · cites it 4× “, OCGA § 10-1-2 (5) (Retail Installment & Home Solicitation Sales Act); OCGA § 10-1-31 (4) (Motor Vehicle Sales Finance Act); OCGA § 10-1-622 (10) (Georgia Motor Vehicle Franchise Practices Act); OCGA § 12-9-43 (17) (Georgia Motor Vehicle Emission Inspection & Maintenance Act);…”
Hampshire Homes, Inc. v. Espinosa Constr. Servs., Inc., 655 S.E.2d 316 (Ga. Ct. App. 2007). · cites it 2× ““Commercial account” means an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of, goods or services other than a “retail installment transaction” as defined in paragraph (10) of subsection (a) of Code Section…”
All Risk Ins. Agency, Inc. v. S. Bell Tel. & Tel. Co., 355 S.E.2d 465 (Ga. Ct. App. 1987). · cites it 2× “Contrary to appellant’s assertion, appellant’s account with Southern Bell did not constitute a retail installment transaction under OCGA § 10-1-2 (a) (10). See Gold Kist v. McNair, 166 Ga.”
Cooney v. Burnham, 657 S.E.2d 239 (Ga. 2008). · cites it 2× ““Commercial account” means an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of, goods or services other than a “retail installment transaction” as defined in paragraph (10) of subsection (a) of Code Section…”
Am. Aluminum Prods. Co. v. Binswanger Glass Co., 391 S.E.2d 688 (Ga. Ct. App. 1990). · cites it 2× “‘Commercial account’ means an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of, goods or services other than a ‘retail installment transaction’ as defined in paragraph (10) of subsection (a) of Code Section…”
Advance Tufting, Inc. v. Daneshyar, 577 S.E.2d 90 (Ga. Ct. App. 2003). · cites it 2× “at 413-414 ; see also OCGA § 7-4-16 (“ ‘Commercial account’ means an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of, goods or services other than a ‘retail installment transaction’ as defined in paragraph…”
Cent. Rents, Inc. v. Johnson (In Re Johnson), 203 B.R. 498 (Bankr. S.D. Ga. 1996). · cites it 2× “2(a)(6); (C) Any lease for agricultural, business, or commercial purposes; (D) Any lease made to an organization; or (E) A lease or agreement which constitutes a retail installment transaction as defined in paragraph (10) of subsection (a) of Code Section 10-1-2. (2) "Lessee”…”
Gold Kist, Inc. v. McNair, 303 S.E.2d 290 (Ga. Ct. App. 1983). · cites it 2× “OCGA § 10-1-2 (former Code Ann. § 96-902) (Ga.”
Scott v. Prestige Fin. Servs., Inc., 813 S.E.2d 610 (Ga. Ct. App. 2018). · cites it 4× “]" Expressly excluded from this definition are so-called "retail installment transactions," which OCGA § 10-1-2 (a) (10) defines as "any transaction to sell or furnish or the sale of or the furnishing of goods or services evidenced by a retail installment contract or a revolving…”
Vikowsky v. Savannah Appliance Serv. Corp., 345 S.E.2d 621 (Ga. Ct. App. 1986). · cites it 4× “Relying upon OCGA § 10-1-2 (a) (15), plaintiff contends the $50 administrative fee which defendant was charged should not be included in the finance charge and that, therefore, it should not be part of the time price differential calculation.”
John Deere Constr. & Forestry Co. v. Parham, 755 S.E.2d 825 (Ga. Ct. App. 2014). · cites it 4× “The notice shall also advise the buyer of his rights of redemption, as well as his right to demand a public sale of the repossessed goods.”
— 10-1-2(5) — 1 case
Crider v. Zurich Ins., 474 S.E.2d 89 (Ga. Ct. App. 1996). “, OCGA § 10-1-2 (5) (Retail Installment & Home Solicitation Sales Act); OCGA § 10-1-31 (4) (Motor Vehicle Sales Finance Act); OCGA § 10-1-622 (10) (Georgia Motor Vehicle Franchise Practices Act); OCGA § 12-9-43 (17) (Georgia Motor Vehicle Emission Inspection & Maintenance Act);…”
— 10-1-2(a)(9) — 1 case
Clark v. Aaron's, Inc., 914 F. Supp. 2d 1301 (N.D. Ga. 2012). “§ 10-1-681(1)(E) (excluding from the definition of lease-purchase agreements “[a] lease or agreement which constitutes a retail installment transaction as defined in paragraph (10) of subsection (a) of Code Section 10-1-2”) (emphasis added). Accordingly, Defendant’s motion to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.