Title 42 — Real Property.

For the purposes of this chapter, the term: (1) “Advertisement” means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. The term “advertisement” shall not include in-store merchandising aids or window signs. (2…

(a) At consummation, the consumer shall have the right to choose, if the property is lost, stolen, damaged, or destroyed, whether to be responsible for either a stipulated valuation agreed to at the time the contract is entered into or the fair market value of the property if, an…

(a) The lessor shall disclose to the consumer the information required by § 42-3671.04. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by the disclosures. (b) The disclosures shall be made at or before co…

(a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (1) The number, amount, and timing of all lease payments necessary to acquire ownership of the property; (2) A statement that the consumer will not own the proper…

During the rental term, the lessor shall maintain the property in good working condition, including repairing or replacing, if repair cannot be completed within a reasonable time, any property which fails to perform as a result of a defect in the property not caused by harmful co…

A lease-purchase agreement shall not contain: (1) A confession of judgment; (2) A negotiable instrument; (3) A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor under the lease-purchase agreement; (4) A wage assign…

(a) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of: (1) All current and past due rental charges; (2) If the property has been picked up, the reasonable costs…

A lessor shall provide to the consumer a written receipt for each payment made by cash or money order.

(a) Renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures; provided, that renegotiation shall not i…

(a) If an advertisement for a lease-purchase agreement refers to, or states, the amount of any payment and the right to acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable: (1) That the trans…

(a) Each item displayed or offered under a lease-purchase agreement shall bear a tag or card that indicates: (1) The cash price of the item; (2) The amount of the periodic payment; (3) The total number and total amount of periodic payments necessary to acquire ownership; and (4) …

(a) A lessor who fails to comply with a requirement imposed by this chapter with respect to a consumer shall be liable to the consumer in an amount equal to the greater of: (1) The actual damages sustained by the consumer as a result of the violation, plus the costs of the action…

A civil action under this chapter may be brought in any court of competent jurisdiction within the later of one year after the date of the occurrence of any violation or 6 months after the lease-purchase agreement, together with any renewals or extensions thereof, ceases to be in…

(a) A lessor shall not be liable under § 42-3671.12 for a violation of this chapter if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, such as a clerical miscalculation, computer malfunctions, program…