|
|
|
- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 35. Lease-Purchases of Personal Property
- Section 50. Reinstatement of Contract By Consumer; Repossession.
previous:
Section 40. Prohibited Provisions.
next:
Section 60. Application of Disclosure Requirements Upon Occurrence of Subsequent Events.
AS 45.35.050. Reinstatement of Contract By Consumer; Repossession.
- (a) If a consumer fails to make a payment under a lease-purchase agreement by the time required for the payment and the
lessor terminates the agreement due to the consumer's failure to make the payment, the consumer may reinstate the
agreement by paying the items identified under (b) of this section before the end of the grace period.
- (b) The following are the items that must be paid by the consumer in order to reinstate a lease-purchase agreement under
(a) of this section:
- (1) all scheduled payments that are past due under the agreement;
- (2) the next scheduled payment;
- (3) the reasonable costs of picking up and redelivering the property if the lessor has picked up the property from the
consumer; and
- (4) any applicable late fee.
- (c) A consumer who reinstates a lease-purchase agreement under (a) of this section does not lose any rights or options the
consumer had under the agreement before the failure to make the payment when due.
- (d) Notwithstanding (a) of this section, if a consumer has made less than two-thirds of the total amount of payments
necessary to acquire ownership of the personal property that is the subject of a lease-purchase agreement and if the
consumer has returned or voluntarily surrendered the personal property to the lessor before the end of the grace period
other than as a result of a court action, the consumer has 21 days after returning the property to the lessor to
reinstate the lease-purchase agreement.
- (e) Notwithstanding (a) of this section, if a consumer has made two-thirds or more of the total amount of payments
necessary to acquire ownership of the personal property that is the subject of a lease-purchase agreement and if the
consumer has returned or voluntarily surrendered the personal property to the lessor before the end of the grace period
other than as a result of a court action, the consumer has 45 days after returning the personal property to the lessor
to reinstate the lease-purchase agreement.
- (f) This section does not prohibit a lessor from attempting to repossess personal property during the period when the
consumer may reinstate the lease-purchase agreement under this section, and repossession does not affect the consumer's
right to reinstate the agreement. If the lessor repossesses the personal property, upon reinstatement of the agreement
by the consumer under this section, the lessor shall provide the consumer with the same personal property that was
repossessed or with personal property of comparable quality and condition.
- (g) In this section,
- (1) "grace period" means
- (A) two days after the agreement's renewal date if, under the agreement, the payments are to be made more often than
monthly; or
- (B) five days after the agreement's renewal date if, under the agreement, the payments are to be made monthly or less
frequently;
- (2) "renewal date" means the date when a payment is to be made that would automatically renew the agreement.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.