Montana Code 30-19-110. Information required in disclosure
30-19-110. Information required in disclosure. For each rental-purchase agreement, the lessor shall disclose the following items in the agreement:
Terms Used In Montana Code 30-19-110
- agreement: means an agreement between a lessor and a consumer that has the following characteristics:
(a)the agreement governs the use of personal property by a person primarily for personal, family, or household purposes;
(b)the agreement is entered into for an initial period of 4 months or less and is automatically renewable with each payment after the initial period;
(c)the agreement does not obligate or require the consumer to continue renting or using the property beyond the initial period; and
(d)the agreement permits the consumer to become the owner of the property. See Montana Code 30-19-103
- Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement. See Montana Code 30-19-103
- Consumer: means a person who rents personal property under a rental-purchase agreement to be used primarily for personal, family, or household purposes. See Montana Code 30-19-103
- Consummation: means the time that a consumer becomes contractually obligated by signing a rental-purchase agreement. See Montana Code 30-19-103
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lessor: means a person who regularly provides the use of property through rental-purchase agreements and to whom rent payments are initially payable on the face of the rental-purchase agreement. See Montana Code 30-19-103
- Property: means real and personal property. See Montana Code 1-1-205
(1)the total number, the amount, and the timing of all rental payments necessary to acquire ownership of the property;
(2)a statement that the consumer will not have an ownership interest in the property until the consumer has made the total number of rental payments necessary to acquire ownership;
(3)a statement that the consumer is responsible for the fair market value of the property if the property is lost, stolen, damaged, or destroyed;
(4)a brief description of the rented property sufficient to identify the property to the consumer and the lessor. The description of the rented property may include an identification number and must include a statement indicating whether the property is new or used. A lessor is not liable for a statement that inadvertently describes property as being used if the property is new.
(5)a brief description of any existing damage to the rental property;
(6)a statement of the cash price of the property. If the agreement involves the rental of more than one item as a set, in one agreement, a statement of the combined cash price of the items in the set may be stated.
(7)the total of the initial payments paid or required at or before consummation of the rental-purchase agreement or delivery of the property, whichever is later;
(8)(a) a statement that the total amount of the rental payment does not include taxes or other charges and fees, including but not limited to:
(i)late payment;
(ii)processing;
(iii)default;
(iv)pickup;
(v)liability damage waiver;
(vi)insurance; or
(vii)other charges or fees that are necessary and appropriate; and
(b)the charges and fees identified in subsection (8)(a), itemized separately;
(9)a statement informing the consumer that the consumer has the right to exercise an early purchase option;
(10)(a) a statement identifying the party responsible and a description of the responsibility for maintaining or servicing the property while it is being rented; and
(b)if the property is covered by a manufacturer’s warranty, a notice that the warranty is transferred to the consumer if the consumer acquires ownership of the property and if the manufacturer’s warranty allows for the transfer;
(11)the date of the transaction and the identities of the consumer and the lessor;
(12)a statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair, except for ordinary wear and tear, on the expiration of any rental term agreement along with any past-due rent payments, if any; and
(13)notice of the right to reinstate an agreement as provided in 30-19-112.