| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 9-A MRSA §11-105, sub-§3, as enacted by PL 1991, c. 787, is | | amended to read: |
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| | | 3. "Cash price" means the price for which the merchant would | | sell the property to the consumer for cash on the date of the | | rental-purchase agreement. The "cash price" must be reasonably | | related to the current fair market value of the property. |
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| | | Sec. 2. 9-A MRSA §11-108, sub-§1, śC, as enacted by PL 1991, c. 787, is | | amended to read: |
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| | | C. A statement that the consumer is responsible for the | | current fair market value of the property if, and as of the | | time, it is stolen, damaged or destroyed; |
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| | | Sec. 3. 9-A MRSA §11-109, sub-§§11 and 12, as enacted by PL 1991, c. | | 787, are amended to read: |
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| | | 11. A provision for payment by a cosigner of the rental- | | purchase agreement of any fees or charges that could not be | | assessed to the consumer as part of the rental-purchase | agreement; or |
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| | | 12. An offer of insurance from the merchant to the consumer.; | | or |
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| | | Sec. 4. 9-A MRSA §11-109, sub-§13 is enacted to read: |
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| | | 13.__A cash price that is attributed to the goods that are | | subject to the rental-purchase agreement that does not accurately | | reflect the current fair market value of the goods. |
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| | | Sec. 5. 9-A MRSA §11-110-A is enacted to read: |
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| | | §11-110-A.__Calculation of cash price |
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| | | When calculating the current cash price of an item the | | merchant shall take into account the following factors: |
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| | | 1.__The actual price originally paid by the merchant for the | | item; |
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| | | 2.__Whether the item is currently used or new or was | | originally purchased used or new; |
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| | | 3.__The number of times the item has already been the subject | | of a rental-purchase agreement and whether it has been repaired | | one or more times; |
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