Sec. 36a-770. (Formerly Sec. 42-83). Applicability of Uniform Commercial Code. Filing and recording. Definitions.
Sec. 36a-770. (Formerly Sec. 42-83). Applicability of Uniform Commercial
Code. Filing and recording. Definitions. (a) The Uniform Commercial Code. A transaction subject to sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c is also
subject to the Uniform Commercial Code, title 42a, but in case of any conflict the provisions of sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c shall control.
(b) Filing and recording. Section 42a-9-310 determines the need for filing or recording to perfect a security interest, section 42a-9-317 determines the persons who
take subject to an unperfected security interest, and sections 42a-9-311 and 42a-9-501
to 42a-9-526, inclusive, determine the place for such filing or recording.
(c) Definitions. As used in sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c, unless the context otherwise requires:
(1) "Boat" means any watercraft, as defined in section 22a-248, other than a seaplane, used or capable of being used as a means of transportation on water, by any power
including muscular.
(2) "Cash price" means the total amount in dollars at which the seller and buyer
agreed the seller would transfer unqualified title to the goods, if the transaction were a
cash sale instead of a sale under a retail installment contract.
(3) "Commercial vehicle" means any domestic or foreign truck or truck tractor of
ten thousand or more pounds gross vehicular weight or any trailer or semitrailer designed
for use in connection with any truck or truck tractor of ten thousand or more pounds gross
vehicular weight and which is not used primarily for personal, family or household use.
(4) "Filing fee" means the fee prescribed by law for filing, recording or otherwise
perfecting and releasing or satisfying a security interest, as defined in subdivision (35)
of subsection (b) of section 42a-1-201, retained or created by a retail installment contract
or installment loan contract.
(5) "Finance charge" means the amount in excess of the cash price of the goods
agreed upon by the retail seller and the retail buyer, to be paid by the retail buyer for
the privilege of purchasing the goods under the retail installment contract or installment
loan contract.
(6) "Goods" means (A) "consumer goods", as defined in subdivision (23) of subsection (a) of section 42a-9-102 and motor vehicles included under such definition, having
an aggregate cash price of fifty thousand dollars or less, and (B) "equipment", as defined
in subdivision (33) of subsection (a) of section 42a-9-102, having an aggregate cash price
of sixteen thousand dollars or less, provided such consumer goods or such equipment is
included in one retail installment contract or installment loan contract.
(7) "Installment loan contract" means any agreement made in this state to repay in
installments the amount loaned or advanced to a retail buyer for the purpose of paying
the retail purchase price of goods and by virtue of which a security interest, as defined
in subdivision (35) of subsection (b) of section 42a-1-201, is taken in the goods for the
payment of the amount loaned or advanced. For purposes of this subdivision, "installment loan contract" does not include agreements to repay in installments loans made
by the United States or any department, agency or instrumentality thereof.
(8) "Lender" means a person who extends or offers to extend credit to a retail buyer
under an installment loan contract.
(9) A retail installment contract or installment loan contract is "made in this state"
if: (A) An offer or agreement is made in Connecticut by a retail seller or a lender to sell
or extend credit to a resident retail buyer, including, but not limited to, any verbal or
written solicitation or communication to sell or extend credit originating outside the
state of Connecticut but forwarded to and received in Connecticut by a resident retail
buyer; or (B) an offer to buy or an application for extension of credit, or an acceptance
of an offer to buy or to extend credit, is made in Connecticut by a resident retail buyer,
regardless of the situs of the contract which may be specified therein, including, but not
limited to, any verbal or written solicitation or communication to buy or to have credit
extended, originating within the state of Connecticut but forwarded to and received by
a retail seller or a lender outside the state of Connecticut. For purposes of this subdivision,
a "resident retail buyer" means a retail buyer who is a resident of the state of Connecticut.
(10) "Motor vehicle" means any device in, upon or by which any person or property
is or may be transported or drawn upon a highway by any power other than muscular.
For purposes of this subdivision, "motor vehicle" does not include self-propelled wheelchairs and invalid tricycles, tractors, power shovels, road machinery, implements of
husbandry and other agricultural machinery, or other machinery not designed primarily
for highway transportation but which may incidentally transport persons or property on
a highway, or devices which move upon or are guided by a track or travel through the air.
(11) "Retail buyer" means a person who buys or agrees to buy one or more articles
of goods from a retail seller not for the purpose of resale or lease to others in the course
of business and who executes a retail installment contract or an installment loan contract
in connection therewith.
(12) "Retail installment contract" means any security agreement, as defined in subdivision (73) of subsection (a) of section 42a-9-102, made in this state, including one
in the form of a mortgage, conditional sale contract or other instrument evidencing an
agreement to pay the retail purchase price of goods, or any part thereof, in installments
over a period of time and pursuant to which a security interest, as defined in subdivision
(35) of subsection (b) of section 42a-1-201, is retained or taken by the retail seller for
the payment of the amount of such retail installment contract. For purposes of this
subdivision, "retail installment contract" does not include a rent-to-own agreement, as
defined in section 42-240.
(13) "Retail installment sale" means any sale evidenced by a retail installment contract or installment loan contract wherein a retail buyer buys goods from a retail seller
at a time sale price payable in two or more installments. The cash price of the goods,
the amount, if any, included for other itemized charges which are included in the amount
of the credit extended but which are not part of the finance charge under sections 36a-675 to 36a-685, inclusive, and the finance charge shall together constitute the time sale
price. For purposes of this subdivision, "retail installment sale" does not include a rent-to-own agreement, as defined in section 42-240.
(14) "Retail seller" means a person who sells or agrees to sell one or more articles
of goods under a retail installment contract to a retail buyer.
(15) "Sales finance company" means any person engaging in this state in the business, in whole or in part, of acquiring retail installment contracts from retail sellers or
installment loan contracts from holders thereof, by purchase, discount or pledge, or by
loan or advance to the holder of either on the security thereof, or otherwise.
(1949 Rev., S. 6698; 1949, 1955, S. 2862d; November, 1955, N218; 1957, P.A. 357, S. 1; March, 1958, P.A. 27, S.
33; 1959, P.A. 495; 589, S. 2; 1961, P.A. 116, S. 20; 1969, P.A. 454, S. 28; P.A. 77-317; 77-604, S. 52, 84; P.A. 78-313,
S. 1, 3; P.A. 81-158, S. 13, 17; P.A. 82-18, S. 2, 4; P.A. 89-210, S. 1; P.A. 91-162, S. 15, 18; P.A. 93-39; P.A. 94-122, S.
325, 340; 94-134, S. 1, 3; May 25 Sp. Sess. P.A. 94-1, S. 109, 130; P.A. 01-132, S. 170; P.A. 03-19, S. 85; 03-62, S. 21;
P.A. 05-109, S. 49.)
History: 1959 acts amended definitions of "goods" and "retail buyer"; 1961 act coordinated this section with Uniform
Commercial Code; 1969 act redefined "retail installment sale" to include the amount of itemized charges included in
amount of credit extended but excluded from finance charge rather than the amount of insurances and other benefits and
filing fees; P.A. 77-317 redefined goods to raise maximum aggregate cash price from $6,000 to $25,000; P.A. 77-604
revised references to Sec. 42a-9-105; P.A. 78-313 redefined "goods" to include motor vehicles and to establish separate
maximum cash value of $8,000 for equipment and added Subsec. (3)(m) and (n) defining "lender" and contracts "made
in this state"; P.A. 81-158 amended Subsec. (3)(d) by replacing "section 36-396", which had been repealed, with "chapter
657", effective March 31, 1982; P.A. 82-18 changed effective date of P.A. 81-158 from March 31, 1982, to "the effective
date of Title VI of Public Law 96-221, as contained in Section 625(a) of Public Law 96-221, as amended", i.e. October 1,
1982; P.A. 89-210 added Subsec. (3)(o) defining "commercial vehicle"; P.A. 91-162 amended Subsec. (3)(d) and (e) to
specifically exclude consumer rent-to-own agreements, as defined in Sec. 42-240, from the definitions of "retail installment
sale" and "retail installment contract"; P.A. 93-39 amended Subsec. (3)(b) by increasing the aggregate cash price of a
motor vehicle to be included in the definition of "consumer goods" from $25,000 to $50,000 and increasing the aggregate
cash price of equipment to be included from $8,000 to $16,000; P.A. 94-122 changed Subsecs. (1), (2) and (3) to Subsecs.
(a), (b) and (c), deleted the definition of "person", reordered the definitions and made technical changes, effective January
1, 1995; P.A. 94-134 added Subsec. (p) defining "boat", effective October 1, 1994, and applicable to retail installment
contracts and installment loan contracts executed on or after that date; May 25 Sp. Sess. P.A. 94-1 made technical changes,
effective January 1, 1994, and applicable January 1, 1995; Sec. 42-83 transferred to Sec. 36a-770 in 1995; (Revisor's note:
In 1997 a reference in Subsec. (a) to "42-110b" was corrected editorially by the Revisors to "42-100b" thereby correcting
a clerical error which occurred during the preparation of the 1995 revision); P.A. 01-132 amended Subsec. (b) to replace
reference to Sec. 42a-9-302 with Sec. 42a-9-310, replace reference to Sec. 42a-9-301 with Sec. 42a-9-317 and replace
reference to Secs. 42a-9-302(3)(b) and 42a-9-401 to 42a-9-409, inclusive, with Secs. 42a-9-311 and 42a-9-501 to 42a-9-518, inclusive, and amended Subsec. (c) to make a technical change in Subdiv. (4), in Subdiv. (6) replace Secs. 42a-9-105(1)(h) and 42a-9-109(1) with Sec. 42a-9-102(a)(23) as the statutory reference for the definition of "consumer goods",
make a technical change and replace Sec. 42a-9-109(2) with Sec. 42a-9-102(a)(33) as the statutory reference for the
definition of "equipment", make a technical change in Subdiv. (7) and replace in Subdiv. (12) Sec. 42a-9-105(1)(l) with
Sec. 42a-9-102(a)(73) as the statutory reference for the definition of "security agreement" and make a technical change;
P.A. 03-19 made a technical change in Subsec. (b), effective May 12, 2003; P.A. 03-62 amended Subsec. (b) to replace
reference to Sec. 42a-9-518 with Sec. 42a-9-526 and make technical changes; P.A. 05-109 amended Subsec. (c) by replacing
references to Sec. 42a-1-201(37) with references to Sec. 42a-1-201(b)(35) in Subdivs. (4), (7) and (12).
See Sec. 36a-676 for definitions applicable to Truth-in-Lending Act and this part.
Annotations to former section 42-83:
Cited. 216 C. 458.
Cited. 2 Conn. Cir. Ct. 640. (e) Cited. 4 Conn. Cir. Ct. 351. Cited. 6 Conn. Cir. Ct. 709.
Subsec. (1):
Cited. 231 C. 707.
Subsec. (3):
Subdiv. (d) cited. 202 C. 106. Subdiv. (h) cited. 231 C. 707.