Title 63, Title 63 PERSONAL PROPERTY
15 chapters · 223 sections in this title.
RCW 63.10.010 Legislative declaration.
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The leasing of motor vehicles, furniture and fixtures, appliances, commercial equipment, and other personal property has become an important and widespread form of business transaction that is beneficial to the citizens and to the economy of the state. Users of personal property …
RCW 63.10.020 Definitions.
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As used in this chapter, unless the context otherwise requires:(1) The term "adjusted capitalized cost" means the agreed-upon amount that serves as the basis for determining the periodic lease payment, computed by subtracting from the gross capitalized cost any capitalized cost r…
RCW 63.10.030 Liability at expiration of lease—Residual value—Attorneys' fees—Lease terms.
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(1) Where the lessee's liability on expiration of a consumer lease is based on the estimated residual value of the property, such estimated residual value shall be a reasonable approximation of the anticipated actual fair market value of the property on lease expiration. There sh…
RCW 63.10.040 Lease contracts—Disclosure requirements.
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(1) In any lease contract subject to this chapter, the following items, as applicable, shall be disclosed:(a) A brief description of the leased property, sufficient to identify the property to the lessee and lessor.(b) The total amount of any payment, such as a refundable securit…
RCW 63.10.045 Unlawful acts or practices—Consumer lease of a motor vehicle.
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Each of the following acts or practices are unlawful in the context of offering a consumer lease of a motor vehicle:(1) Advertising that is false, deceptive, misleading, or in violation of *12 C.F.R. Sec. 213.5 (a) through (d) and 15 U.S.C. 1667, Regulation M;(2) Misrepresenting …
RCW 63.10.050 Violations—Unfair acts under consumer protection act—Damages.
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The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preserva…
RCW 63.10.055 Remedies—Effect of chapter.
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The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law or in equity.[ 1995 c 112 s 5.]
RCW 63.10.060 Defense or action of usury—Limitations.
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No person may plead the defense of usury or maintain any action thereon based upon a transaction heretofore entered into if such transaction:(1) Constitutes a "consumer lease" as defined in RCW 63.10.020; or(2) Would constitute such a consumer lease but for the fact that:(i) The …
RCW 63.10.070 Dog or cat ownership contracts.
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A contract entered into on or after July 28, 2019, to transfer ownership of a live dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the live dog or cat, or provides for or offers the option o…
RCW 63.10.080 Consumer lease for a dog or cat—Prohibition.
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A lessor shall not finance a consumer lease for the purchase of a dog or cat. A lease contract entered into on or after July 23, 2023, for the purchase of a dog or cat is void and unenforceable and the lessor shall have no right to collect, receive, or retain any principal, inter…
RCW 63.10.902 Effective date—1995 c 112.
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This act shall take effect January 1, 1996.[ 1995 c 112 s 7.]
RCW 63.14.010 Definitions.
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In this chapter, unless the context otherwise requires:(1) "Financial institution" means any bank or trust company, mutual savings bank, credit union, or savings and loan association organized pursuant to the laws of any one of the United States of America or the United States of…
RCW 63.14.020 Retail installment contracts—Number of documents—Promissory notes—Date—Signatures—Completion—Type size.
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Every retail installment contract shall be contained in a single document which shall contain the entire agreement of the parties including any promissory notes or other evidences of indebtedness between the parties relating to the transaction, except as provided in RCW 63.14.050…
RCW 63.14.030 Retail installment contracts—Delivery to buyer of copy—Acknowledgment of delivery.
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The retail seller shall deliver to the retail buyer, at the time the buyer signs the contract, a copy of the contract as signed by the buyer, unless the contract is completed by the buyer in situations covered by RCW 63.14.060, and if the contract is accepted at a later date by t…
RCW 63.14.040 Retail installment contracts—Contents.
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(1) The retail installment contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or other address of the buyer as specified by the buyer and a description or identification of the goods sold or to be sold, or service furn…
RCW 63.14.043 Retail installment contracts—Purchase of motor vehicle—Secondary products.
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(1) If a retail installment contract for the purchase of a motor vehicle meets the requirements of this chapter and meets the requirements of any federal law applicable to a retail installment contract for the purchase of a motor vehicle, the retail installment contract shall be …
RCW 63.14.050 Retail installment contracts—Multiple documents permissible where original applies to purchases from time to time.
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A retail installment contract may be contained in more than one document, provided that one such document shall be an original document signed by the retail buyer, stated to be applicable to purchases of goods or services to be made by the retail buyer from time to time. In such …
RCW 63.14.060 Retail installment contracts—Mail orders based on catalog or other printed solicitation.
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Retail installment contracts negotiated and entered into by mail or telephone without solicitation in person by salespersons or other representatives of the seller and based upon a catalog of the seller, or other printed solicitation of business, if such catalog or other printed …
RCW 63.14.070 Retail installment contracts—Seller not to obtain buyer's signature when essential blank spaces not filled—Exceptions.
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The seller shall not obtain the signature of the buyer to any contract when it contains blank spaces of items which are essential provisions of the transaction except as provided in RCW 63.14.060: PROVIDED, HOWEVER, That if delivery of the goods is not made at the time of the exe…
RCW 63.14.080 Retail installment contracts—Prepayment in full of unpaid time balance—Refund of unearned service charge—"Rule of seventy-eighths."
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For the purpose of this section, "periodic time balance" means the unpaid portion of the time balance as of the last day of each month, or other uniform time interval established by the regular consecutive payment period scheduled in a retail installment contract.Notwithstanding …
RCW 63.14.090 Retail installment contracts, retail charge agreements, and lender credit card agreements—Delinquency or collection charges—Attorney's fees, court costs—Other provisions not inconsistent with chapter are permissible.
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(1) The holder of any retail installment contract, retail charge agreement, or lender credit card agreement may not collect any delinquency or collection charges, including any attorney's fee and court costs and disbursements, unless the contract, charge agreement, or lender cred…
RCW 63.14.100 Receipt for cash payment—Retail installment contracts, statement of payment schedule and total amount unpaid.
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A buyer shall be given a written receipt for any payment when made in cash. Upon written request of the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under…
RCW 63.14.110 Consolidation of subsequent purchases with previous contract.
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(1) If, in a retail installment transaction, a retail buyer makes any subsequent purchases of goods or services from a retail seller from whom he or she has previously purchased goods or services under one or more retail installment contracts, and the amounts under such previous …
RCW 63.14.120 Retail charge agreements and lender credit card agreements—Information to be furnished by seller.
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(1) At or prior to the time a retail charge agreement or lender credit card agreement is made the seller shall advise the buyer in writing, on the application form or otherwise, or orally that a service charge will be computed on the outstanding balance for each month (which need…
RCW 63.14.123 Restrictions on electronically printed credit and debit card receipts.
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(1) A retailer shall not print more than the last five digits of the card account number or print the card expiration date on a credit or debit card receipt. This includes all receipts kept by the person or provided to the cardholder.(2) This section shall apply only to receipts …
RCW 63.14.125 Lender credit card agreements—Security interests prohibited.
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A lender credit card agreement may not contain any provision for a security interest in real or personal property or fixtures of the buyer to secure payment of performance of the buyer's obligation under the lender credit card agreement.[ 1984 c 280 s 4.]
RCW 63.14.127 Retail installment contracts—Dog or cat as security interest.
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A retail installment contract entered into on or after July 28, 2019, that includes a live dog or cat as a security interest for the contract is void and unenforceable.[ 2019 c 340 s 2.]Notes:Construction—Additional remedies—Dog or cat ownership contracts—2019 c 340: See notes fo…
RCW 63.14.130 Retail installment contracts, retail charge agreements, and lender credit card agreements—Service charge agreed to by contract—Other fees and charges prohibited.
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The service charge shall be inclusive of all charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of making the installment payments thereunder and no other fee, expense or charge whatsoever shall be taken, receive…
RCW 63.14.136 Retail installment transaction—Unconscionable—Judicial action.
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(1) With respect to a retail installment transaction, as defined in *RCW 63.14.010(8), if the court as a matter of law finds the agreement or contract, or any clause in the agreement or contract, to have been unconscionable at the time it was made, the court may refuse to enforce…
RCW 63.14.140 Retail installment contracts, retail charge agreements, and lender credit card agreements—Insurance.
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If the cost of any insurance is included in the retail installment contract, retail charge agreement, or lender credit card agreement:(1) The contract or agreement shall state the nature, purpose, term, and amount of such insurance, and in connection with the sale of a motor vehi…
RCW 63.14.145 Retail installment contracts and charge agreements—Sale, transfer, or assignment.
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(1) A retail seller may sell, transfer, or assign a retail installment contract or charge agreement. After such sale, transfer, or assignment, the retail installment contract or charge agreement remains a retail installment contract or charge agreement.(2) Nothing contained in th…
RCW 63.14.150 Retail installment contracts, retail charge agreements, and lender credit card agreements—Agreements by buyer not to assert claim or defense or to submit to suit in another county invalid.
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No provision of a retail installment contract, retail charge agreement, or lender credit card agreement is valid by which the buyer agrees not to assert against the seller or against an assignee a claim or defense arising out of the sale, or by which the buyer agrees to submit to…
RCW 63.14.151 Retail installment contracts, retail charge agreements, and lender credit card agreements—Compliance with disclosure requirements of federal consumer protection act deemed compliance with chapter 63.14 RCW.
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Any retail installment contract, retail charge agreement, or lender credit card agreement that complies with the disclosure requirements of Title I of the federal consumer protection act (82 Stat. 146, 15 U.S.C. 1601) which is also known as the truth in lending act, as of the dat…
RCW 63.14.152 Declaratory judgment action to establish if service charge is excessive.
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The seller, holder, or buyer may bring an action for declaratory judgment to establish whether service charges contracted for or received in connection with a retail installment transaction are in excess of those allowed by chapter 234, Laws of 1967. Such an action shall be broug…
RCW 63.14.154 Cancellation of transaction by buyer—Procedure.
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(1) In addition to any other rights he or she may have, the buyer shall have the right to cancel a retail installment transaction for other than the seller's breach by sending notice of such cancellation to the seller at his or her place of business as set forth in the contract o…
RCW 63.14.156 Extension or deferment of payments—Agreement, charges.
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The holder of a retail installment contract may, upon agreement with the buyer, extend the scheduled due date or defer a scheduled payment of all or of any part of any installment or installments payable thereunder. No charge shall be made for any such extension or deferment unle…
RCW 63.14.158 Refinancing agreements—Costs—Contents.
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The holder of a retail installment contract or contracts may, upon agreement in writing with the buyer, refinance the payment of the unpaid time balance or balances of the contract or contracts by providing for a new schedule of installment payments.The holder may charge and cont…
RCW 63.14.159 New payment schedule—When authorized.
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In the event a contract provides for the payment of any installment which is more than double the amount of the average of the preceding installments the buyer upon default of this installment, shall be given an absolute right to obtain a new payment schedule. Unless agreed to by…
RCW 63.14.160 Conduct or agreement of buyer does not waive remedies.
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No act or agreement of the retail buyer before or at the time of the making of a retail installment contract, retail charge agreement, lender credit card agreement, or purchases thereunder shall constitute a valid waiver of any of the provisions of this chapter or of any remedies…
RCW 63.14.165 Financial institution credit card agreement not subject to chapter 63.14 RCW, but subject to chapter 19.52 RCW.
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A financial institution credit card is a card or device issued under an arrangement pursuant to which the issuing financial institution gives to a cardholder residing in this state the privilege of obtaining credit from the issuer or other persons in purchasing or leasing propert…
RCW 63.14.167 Lender credit card agreements and financial institution credit card agreements—Credit to account for returned goods or forgiveness of a debit for services—Statement of credit to card issuer—Notice to cardholder.
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(1) Pursuant to a lender credit card or financial institution credit card transaction in which a credit card has been used to obtain credit, the seller is a person other than the card issuer, and the seller accepts or allows a return of goods or forgiveness of a debit for service…
RCW 63.14.170 Violations—Penalties.
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Any person who shall wilfully and intentionally violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both. Violation…
RCW 63.14.175 Violations—Remedies.
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No person may pursue any remedy alleging a violation of this chapter on the basis of any act or omission that does not constitute a violation of this chapter as amended by chapter 5, Laws of 1993 sp. sess. For purposes of this section, the phrase "pursue any remedy" includes plea…
RCW 63.14.180 Noncomplying person barred from recovery of service charge, etc.—Remedy of buyer—Extent of recovery.
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Any person who enters into a retail installment contract, charge agreement, or lender credit card agreement that does not comply with the provisions of this chapter or who violates any provision of this chapter except as a result of an accidental or bona fide error shall be barre…
RCW 63.14.190 Restraint of violations.
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The attorney general or the prosecuting attorney may bring an action in the name of the state against any person to restrain and prevent any violation of this chapter.[ 1963 c 236 s 19.]
RCW 63.14.200 Assurance of discontinuance of unlawful practices.
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In the enforcement of this chapter, the attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be f…
RCW 63.14.210 Violation of order or injunction—Penalty.
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Any person who violates any order or injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not more than one thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be…
RCW 63.14.220 Retail installment transaction for purchase of a dog or cat—Prohibition.
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A retail installment transaction entered into on or after July 23, 2023, for the purchase of a dog or cat is void and unenforceable and the retail seller shall have no right to collect, receive, or retain any principal, interest, or charges related to the retail installment trans…
RCW 63.14.903 Application, saving—1981 c 77.
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This act applies only to loans, forbearances, or transactions which are entered into after May 8, 1981, or to existing loans, forbearances, contracts, or agreements which were not primarily for personal, family, or household use in which there is an addition to the principal amou…
RCW 63.14.910 Saving—1963 c 236.
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The provisions of this chapter shall not invalidate or make unlawful retail installment contracts or retail charge agreements executed prior to the effective date hereof.[ 1963 c 236 s 24.]