§ 2401. Definitions
As used in this chapter:
(1) “Goods” means all tangible personal chattels when purchased primarily for personal,
family, or household use and not for commercial, industrial, or agricultural use,
but not including money, motor vehicles, things in action, or intangible personal
property other than merchandise certificates or coupons as described in this subdivision.
The term includes chattels that are furnished or used at the time of sale or subsequently
in the modernization, rehabilitation, repair, alteration, improvement, or construction
of real property as to become a part of the real property whether or not it is severable
from it. The term also includes merchandise certificates or coupons, issued by a retailer
seller, not redeemable in cash, and to be used in their face amount in lieu of cash.
(2) “Services” means:
(A) With respect to retail installment contracts, work, labor, and services furnished
for personal, family, or household use, and not for commercial, industrial, or agricultural
use, in connection with the delivery, installation, servicing, repair, or improvement
of goods sold under such contract; and
(B) With respect to retail charge agreements, work, labor, and services of any kind rented
or furnished by a person engaged in the business of retail seller that are for personal,
family, or household use and not for commercial, industrial, or agricultural use.
The term does not include services for which the cost is by law fixed or approved
by, or filed subject to approval or disapproval with, the United States or any state
or any agency of either, such as in the case of transportation services.
(3) “Motor vehicle” or “vehicle” means and is limited to any automobile, mobile home,
motorcycle, truck, truck-tractor, trailer, semi-trailer, and bus designed and used
primarily to transport persons or property on a public highway, excepting, however,
any boat trailer and any vehicle propelled or drawn exclusively by muscular power
or that is designed to run only on rails or tracks.
(4) “Retail buyer” or “buyer” means a person who buys or agrees to buy goods from a retail
seller in a retail installment transaction, or who obtains services or agrees to have
services furnished or rendered from a retail seller in a retail installment transaction.
(5) “Retail seller” or “seller” means a person regularly and principally engaged in a
business of selling goods to retail buyers.
(6) “Retail installment transaction” or “transaction” means any transaction in which a
retail buyer purchases goods or services for a price consisting of the cash price
and other amounts as limited by this chapter and agrees under a retail installment
contract or retail charge agreement to pay a part or all of the price in one or more
deferred installments. The term shall include every transaction in which the promise
or agreement to pay the deferred balance of the price is made by the retail buyer
to the retail seller, notwithstanding the existence or occurrence of any one or more
of the following events:
(A) that the retail seller has arranged or arranges to sell, transfer, or assign the retail
buyer’s obligation;
(B) that the amount of the finance charge is determined by reference to charts or information
furnished by a financing institution;
(C) that the forms of instruments used to evidence the retail installment and transaction
are furnished by a financing institution; and
(D) that the credit standing of the retail buyer is or has been evaluated by a financing
institution.
(7) “Retail installment contract” or “contract” means a contract entered into in this
State and designated as a retail installment transaction, but not a retail charge
agreement, or a document reflecting a sale under it, evidencing an agreement to pay
the retail purchase price of goods or any part thereof in two or more installments
over a period of time, and pursuant to which title to, or a lien upon, or a security
interest in, the goods is retained or taken by the retail seller to secure the payment
of a price that includes the charge as limited by section 2405 of this title. The term includes a chattel mortgage, a conditional sales contract, and a contract
in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation
for use a sum substantially equivalent to or in excess of the value of the goods sold,
and it is agreed that the bailee or lessee is bound to become, or, for no further
or a merely nominal consideration, has the option of becoming, the owner of the goods
upon full compliance with the provisions of the bailment or lease. The term shall
also include any amendment of the retail installment contract in which the parties
agree to renew, restate, or reschedule the unpaid balance thereof, or to extend the
scheduled due date of all or any part of any installment or installments.
(8) “Retail charge agreement” means an agreement other than a retail installment contract
that prescribed the terms of retail installment transactions that may be made thereafter
from time to time under it, under which the buyer’s total unpaid balance under the
agreement, whenever incurred, is payable in one or more deferred installments and
under the terms of which the retail buyer pays a price that includes a charge as limited
by section 2406 of this title, which charge is to be computed in relation to the buyer’s unpaid balance from time
to time.
(9) “Cash price” means the minimum price for which the goods and services subject to the
retail installment contract or the retail charge agreement, or for which other goods
and services of like kind and quality, may be purchased for cash from the seller by
the buyer, as stated in the retail installment contract or the retail charge agreement.
(10) “Recording fees” means the amount of the fees prescribed by law for filing, recording,
or otherwise perfecting and, in addition, releasing or satisfying a retained title,
lien, or other security interest created by a retail installment transaction.
(11) “Principal balance” means the cash price of the goods and services that are the subject
matter of a retail installment contract plus the amount, if any, included therein,
if a separate identified charge is made therefor and stated in the contract, for insurance
and official fees, less the amount of the buyer’s down payment in money or goods,
or both.
(12) “Holder” means the retail seller of the goods or services, or the assignee if the
retail installment contract or the retail charge agreement or any indebtedness thereunder
has been sold or otherwise transferred.
(13) “Finance charge” means that part of the time sales price as determined under subsection 2405(g) of this title by which the time sales price exceeds the aggregate of the cash price and the amount
included in a retail installment contract, if a separate charge is made therefor,
for insurance and official fees.
(14) “Times sales price” means the total of the cash price of the goods or services and
the amounts, if any, included for insurance, official fees, and finance charges.
(15) “Official fees” means the filing or other fees required by law to be paid to a public
officer to perfect the interest or lien on the goods retained or taken by a retail
seller under a retail installment contract.
(16) “Sales finance company” means a person engaged in the business of purchasing or otherwise
acquiring from one or more sellers retail installment contracts.
(17) “Commissioner” means the Commissioner of Financial Regulation of Vermont.
(18) “Person” means an individual, partnership, joint venture, corporation, banking organization,
association, or any other group however organized.
(19) [Repealed.]
(20) “Commercial lease” means a transfer of the right to possession and use of personal
property or fixtures for a term in return for consideration, including leases intended
as security, and where the property is to be used by the lessee primarily for commercial,
industrial or agricultural use and not for personal, family, or household use. (Added 1963, No. 221, § 1, eff. Jan. 1, 1964; amended 1989, No. 122, § 13, eff. June 30, 1989; 1989, No. 225 (Adj. Sess.), § 25(b); 1993, No. 141 (Adj. Sess.), § 4, eff. May 6, 1994; 1995, No. 180 (Adj. Sess.), § 38(a); 2003, No. 104 (Adj. Sess.), § 4; 2021, No. 20, § 12.)