South Dakota Retail Installment Contract and Security Agreement

State:
Multi-State
Control #:
US-01496BG
Format:
Word; 
Rich Text
Instant download

Description

In a retail installment sale to a consumer as defined by Regulation Z of the Federal Trade Commission (FTC), the creditor must make the disclosures required by Regulation Z clearly and conspicuously in writing, in a form that the consumer may keep. The disclosures must be grouped, must be segregated from everything else, and must not contain any information not directly related to the disclosures required by Regulation Z (although the disclosures may include an acknowledgment of receipt, the date of the transaction, and the consumer's name, address, and account number). 12 C.F.R. § 226.17(a)(1). Regulation Z sets forth several closed-end model forms and clauses which illustrate other formats for these disclosures. 12 C.F.R. Part 226, Appendix H.


A federal notice regarding preservation of the consumer's claims and defenses is
required on all consumer credit contracts by Federal Trade Commission regulation. 16
C.F.R. § 433.2. The notice must appear in at least 10- point, bold face, type or print and
must be worded as shown if the form.

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  • Preview Retail Installment Contract and Security Agreement
  • Preview Retail Installment Contract and Security Agreement
  • Preview Retail Installment Contract and Security Agreement
  • Preview Retail Installment Contract and Security Agreement
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FAQ

Risks of a Contract for Deed Even one late payment can result in much higher penalties and fees, not to mention possible legal action from the seller (including kicking the homebuyer out of the home without recouping any money they have paid while living there).

A contract for deed is a contract where the seller remains the legal owner of the property and the buyer makes monthly payments to the seller to buy the house. The seller remains the legal owner of the property until the contract is paid.

Statute of limitations in contracts for sale. (1)An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. (2)A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.

Interest, Costs and Attorney's Fees Post-judgment interest is payable on all judgments at the statutory rate. SDCL §54-3-5.1. The statutory rate in South Dakota is currently 10 percent per annum. SDCL §54-3-16(2).

A major drawback of a contract for deed for buyers is that the seller retains the legal title to the property until the payment plan is completed. On one hand, this means that they're responsible for things like property taxes. On the other hand, the buyer lacks security and rights to their home.

Primary tabs. Contract for deed is a contract for the sale of land which provides that the buyer will acquire possession of the land immediately and pay the purchase price in installments over a period of time, but the seller will retain legal title until all payments are made.

In a contract for deed, the purchase of property is financed by the seller rather than a third-party lender such as a commercial bank or credit union. The arrangement can benefit buyers and sellers by extending credit to homebuyers who would not otherwise qualify for a loan.

South Dakota interest rate laws generally defer to contract law. One exception is a 12 percent limit on judgments. Generally speaking, South Dakota's interest rate limit is 15 percent.

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South Dakota Retail Installment Contract and Security Agreement