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<section article="gcl" article_name="Commercial Law" number="14-1101" title_number="14" title_name="Miscellaneous Consumer Protection Provisions" subtitle_number="11" subtitle_name="Layaway Sales">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>“Buyer” means a person who buys consumer goods under a layaway agreement, even though he has entered into one or more renewal, extension, or refund agreements.</text>
    </level>
    <level label="2">
      <text>“Buyer” includes a prospective buyer.</text>
    </level>
  </level>
  <level label="c">
    <text>“Cash price” means the minimum price for which consumer goods subject to a layaway agreement, or other consumer goods of like kind and quality, may be purchased for cash from the seller by the buyer.</text>
  </level>
  <level label="d">
    <text>“C.O.D. transaction” means an agreement by which the seller requires the buyer to pay the full cash price of the consumer goods upon delivery or tender of delivery by the seller, less any down payment made by the buyer. A C.O.D. transaction does not include an agreement by which the seller requires the buyer to pay interim payments before delivery or tender of delivery of the consumer goods by the seller.</text>
  </level>
  <level label="e">
    <text>“Consumer goods” means goods bought for use primarily for personal, family, or household purposes, as distinguished from industrial, commercial, or agricultural purposes.</text>
  </level>
  <level label="f">
    <text>“Down payment” means all amounts paid in cash, credits, or the agreed value of goods, by or for a buyer and to or for the benefit of the seller at or before execution of a layaway agreement or C.O.D. transaction.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>“Layaway agreement” means a contract for the retail sale of consumer goods, negotiated or entered into in the State, under which:</text>
      <level label="i">
        <text>Part or all of the layaway price is payable in one or more payments subsequent to the making of the layaway agreement;</text>
      </level>
      <level label="ii">
        <text>The consumer goods are specific existing consumer goods identified from the seller’s stock or inventory at the time of the making of the layaway agreement; and</text>
      </level>
      <level label="iii">
        <text>The seller retains possession of the consumer goods and bears the risk of their loss or damage until the layaway price is paid in full.</text>
      </level>
    </level>
    <level label="2">
      <text>“Layaway agreement” includes a “special order transaction,” as defined in this section.</text>
    </level>
    <level label="3">
      <text>“Layaway agreement” does not include a bona fide C.O.D. transaction.</text>
    </level>
    <level label="4">
      <text>“Layaway agreement” does not include any form of layaway agreement where the buyer can default without any penalty, other than a maximum service charge of $1.</text>
    </level>
  </level>
  <level label="h">
    <text>“Layaway price” means the cash price of consumer goods together with an optional service charge, not to exceed $1 if the price of the consumer goods is $500 or less or $5 if the price of the consumer goods exceeds $500.</text>
  </level>
  <level label="i">
    <text>“Retail sale” means the sale of consumer goods for use or consumption by the buyer or for the benefit or satisfaction which the buyer may derive from the use or consumption of the consumer goods by another, but not for resale by the buyer.</text>
  </level>
  <level label="j">
    <text>“Seller” means a person who sells or agrees to sell consumer goods under a layaway agreement.</text>
  </level>
  <level label="k">
    <text>“Special order transaction” means a contract for the retail sale of consumer goods, negotiated or entered into in the State, under which either:</text>
    <level label="1">
      <text>Consumer goods:</text>
      <level label="i">
        <text>Are ordered by the buyer to the buyer’s unique specifications;</text>
      </level>
      <level label="ii">
        <text>Are not carried by the seller, either in the seller’s showroom or warehouse;</text>
      </level>
      <level label="iii">
        <text>Are ordered from a manufacturer or supplier; and</text>
      </level>
      <level label="iv">
        <text>Are not resalable by the seller at the sale price negotiated with the buyer; or</text>
      </level>
    </level>
    <level label="2">
      <text>Consumer goods which have been altered at the request of the buyer so that the goods are no longer salable to the general public.</text>
    </level>
  </level>
</section>
