West Virginia Code § 46A-3-101

Finance charges generally
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(1) With respect to a consumer credit sale, other than a sale of real estate subject to the
provisions of section one hundred two of this article or a sale pursuant to a revolving charge
account, a seller may contract for and receive a sales finance charge not exceeding eighteen
percent per year on that part of the unpaid balance of the amount financed which is $1,500
or less and twelve percent per year on that part of the unpaid balance of thee amount
financed which is in excess of $1,500 calculated according to the actuarial method.
(2) This section does not limit or restrict the manner of calculating the sales finance charge,
whether by way of add-on, discount, or otherwise, so long as theu rate of the sales finance
charge does not exceed that permitted by this section. If the sale is precomputed:
(a) The sales finance charge may be calculated on the assumption that all scheduled
payments will be made when due; and
(b) The effect of prepayment, refinancing or consollidation is governed by the provisions on
rebate upon prepayment, refinancing or consoslidation, contained in section one hundred
eleven of this article.
(3) For the purposes of this section, the term of a sale agreement commences on the date the
credit is granted or, if goods are delivered or services performed ten days or more after that
date, with the date of commencement of delivery or performance. Differences in the lengths
of months are disregarded and a day may be counted as one thirtieth of a month. Subject to
classifications and differentiations the seller may reasonably establish, a part of a month in
excess of fifteen days may be treated as a full month if periods of fifteen days or less are
disregarded and if that procedure is not consistently used to obtain a greater yield than
would otherwise be permitted.
(4) Subject to classifications and differentiations the seller may reasonably establish, he may
make the same sales finance charge on all amounts financed within a specified range. A
sales finance charge so made does not violate subsection (1) if:
(a) When applied to the median amount within each range, it does not exceed the maximum
permitted by subsection (1); and
(b) When applied to the lowest amount within each range, it does not produce a rate of sales
finance charge exceeding the rate calculated according to subdivision (a) by more than eight
percent of the rate calculated according to subdivision (a).
(5) Notwithstanding subsection (1), the seller may contract for and receive a minimum sales
finance charge of not more than $5 when the amount financed does not exceed $75, or $7.50
when the amount financed exceeds $75.
(6) Notwithstanding any provision of this section to the contrary, with respect to a consumer
credit sale involving a motor vehicle or a mobile home or a consumer credit sale from the
same seller of both a mobile home and the real estate upon which such mobile home is or
will be located, or a consumer credit sale of a mobile home where a security interest in real
estate owned by the buyer is given to the seller as collateral, a seller may from the effective
date of this section until and including July 1, 1982, contract for and receive a sales finance
charge not exceeding eighteen percent per year on the unpaid balance calculated according
to the actuarial method: Provided, That the quantity of real estate involved with the
consumer credit sale of a mobile home upon which such finance charge is coentracted for and
received shall not exceed one acre.
(7) As an alternative to the loan finance charge allowed by section one hundred one,
subsection (1) of this article, from the effective date of this subsection until and including
July 1, 1982, with respect to a consumer credit sale, other than a sale of real estate subject
to the provisions of section one hundred two of this article otr a sale pursuant to a revolving
charge account, a seller may contract for and receive a sales finance charge not exceeding
eighteen percent per year on the unpaid balance of the amount financed calculated
according to the actuarial method.

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