Sec. 42-403. Disclosure. Form of consumer lease. Copy to lessee.
Sec. 42-403. Disclosure. Form of consumer lease. Copy to lessee. (a) A lessor
shall make the disclosures required by the federal Consumer Leasing Act. If the lease
is not subject to said act, the lessor shall make the disclosures as if the lease were subject
to said act.
(b) Before renegotiation or extension of a consumer lease, the holder shall make
such new disclosures as are required by the federal Consumer Leasing Act. If the lease
is not subject to said act, the holder shall make the disclosures as if the lease were subject
to said act. A renegotiation occurs when a consumer lease is satisfied and replaced by
a new consumer lease undertaken by the same lessee for the same goods. An extension
is an agreement by the holder and the lessee of an existing consumer lease to continue
the lease beyond its originally scheduled expiration, except when the continuation is
the result of a renegotiation.
(c) At consummation, a consumer lease must be evidenced by a record that:
(1) Clearly indicates at the beginning of the record that it is a lease;
(2) Contains in a location close to the lessee's signature a conspicuous statement
substantially as follows: "NOTICE TO THE LESSEE: This is a lease. You are not
buying the (insert here the name of the goods or vehicle). Do not sign this lease before
you read it. You are entitled to a completed copy of this lease when you sign it.";
(3) Identifies the place of business of the lessor and the residence of the lessee;
(4) Identifies any property traded in or applied as a capitalized cost reduction or
similar credit; and
(5) In a lease of a motor vehicle, itemizes the gross capitalized cost by type and
amount, unless this itemization is included in a separate record accompanying the lease.
(d) A lessor may not present for the lessee to sign an application for a consumer
lease or a consumer lease that contains blank spaces to be filled in after it has been
signed by the lessee unless the goods are to be specially ordered for future delivery, in
which case the due dates of periodic payments and specific identifying numbers, marks
or similar information concerning the goods may be inserted in the application or lease
after the lessee has signed.
(e) Promptly after consummation of a consumer lease, the lessor shall furnish to
the lessee without charge a completed written copy of the lease signed by the lessor and
lessee and, if not previously furnished, a written copy of all other records that the lessee
has signed in connection with the transaction. As against a holder that took the lease
without knowledge to the contrary, a lessee's written acknowledgment of receipt of a
copy of these records creates a presumption of delivery of the copy.
(P.A. 02-81, S. 14.)
History: P.A. 02-81 effective July 1, 2003.