Retail Installment Contract Vs Bill Of Sale With Notary In Wake

State:
Multi-State
County:
Wake
Control #:
US-002WG
Format:
Word; 
Rich Text
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Description

A retail installment agreement is an agreement signed by the Purchaser involving a finance charge and providing for the sale of goods or services. Federal and some State Laws (Consumer Credit Protection Acts) require the disclosure of what the Purchaser is being charged for the credit he/she is receiving. These disclosures include such things as the amount being financed; finance charges; the annual percentage rate; and the number of payments and when due. However, such disclosures are usually only required when a person regularly extends consumer credit (e.g. more than 25 times in the preceding calendar year).



This form is for a casual seller who does not enter into such transactions on a regular basis. It can also be used in commercial transactions (e.g., credit that is not being extended primarily for personal, family, or household purposes).



The Purchaser in this form grants the Seller a security interest in the collateral being sold. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The Seller requires the Purchaser to secure the obligation with the personal property being purchased so that if the Purchaser does not pay as promised, the Purchaser can take the collateral back, sell it, and apply the proceeds against the unpaid obligation of the Purchaser.

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FAQ

Getting a Copy of the Contract Under TILA, the dealer is required to give the customer a copy of the contract to keep at the time the customer signs the retail installment sale contract whether you want to incur the debt on these terms.

Sometimes, a power of attorney (POA) might be used if the seller cannot be present. The POA is a legal document granting someone else the authority to act on the seller's behalf. The appointed representative, the agent or attorney-in-fact, can then complete the notarization process.

Signatures: Both the buyer and the seller should sign and print their names, acknowledging their agreement to the terms and conditions stated in the document. Notary public (optional): While not required in New York, notarization adds another layer of protection and validity to the document.

A Notary cannot notarize a person's signature over the phone or video chat. That said, several states do allow you to get documents notarized by using secure online remote notarization service providers like NotaryCam, Notarize, and DocVerify.

No, a bill of sale typically does not need to be notarized by both parties. In most cases, only the seller's notarization is required. However, it is good practice for both parties to keep notarized copies for their records.

A bill of sale is more akin to a receipt rather than a contract. Since it is such a simple document, there is no way to truly enforce it. If the bill of sale is the only document you use in a transaction, it is best to ensure there is enough detail on it to make the transaction enforceable.

Courts often view notarized documents as more credible than those without notarization. If disputes arise about ownership or transaction terms, a notarized bill provides clear evidence of the agreement, reducing legal risks and ambiguities.

Key Takeaway: Getting a bill of sale notarized isn't always required, but it's often worth the effort. Notarization provides solid proof of agreement and can protect you in legal disputes. Always check local DMV requirements for specific transactions to avoid potential issues.

Many states don't mandate notarization for bills of sale. States like California, Texas, Florida, Ohio, and New York allow transactions without a notarized document. In these states, a signed bill of sale is often sufficient for legal purposes, provided it includes all required information.

Just like wills, there is generally no requirement that a contract be notarized in order to be legally binding. However, if a party who signed a business agreement decides to dispute that agreement in court, a notarized contract can help a great deal.

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Retail Installment Contract Vs Bill Of Sale With Notary In Wake