Page:United States Statutes at Large Volume 111 Part 1.djvu/982
Ill STAT. 958 PUBLIC LAW 105-34—AUG. 5, 1997 required to transfer ownership of the property from such person to the customer. "(C) CONSUMER PROPERTY.—The term 'consumer property* means tangible personal property of a type generally used within the home for personal use. "(D) RENT-TO-OWN CONTRACT. — The term *rent-to-own contract' means any lease for the use of consumer property between a rent-to-own dealer and a customer who is an individual which— "(i) is titled *Rent-to-Own Agreement' or 'Lease Agreement with Ownership Option,' or uses other similar language, "(ii) provides for level (or decreasing where no payment is less than 40 percent of the largest pay- ment), regular periodic payments (for a pa3niient period which is a week or month), "(iii) provides that legal title to such property remains with the rent-to-own dealer until the customer makes all the payments described in clause (ii) or early purchase payments required under the contract to acquire legal title to the item of property, "(iv) provides a beginning date and a maximum period of time for which the contract may be in effect that does not exceed 156 weeks or 36 months from such beginning date (including renewals or options to extend), "(v) provides for payments within the 156-week or 36-month period that, in the aggregate, generally exceed the normal retail price of the consumer property plus interest, "(vi) provides for pa3anents under the contract that, in the aggregate, do not exceed $10,000 per item of consumer property, "(vii) provides that the customer does not have any legal obligation to make all the payments referred to in clause (ii) set forth under the contract, and that at the end of each payment period the customer may either continue to use the consumer property by making the payment for the next payment period or return such property to the rent-to-own dealer in good working order, in which case the customer does not incur any further obligations under the contract and is not entitled to a return of any payments previously made under the contract, and "(viii) provides that the customer has no right to sell, sublease, mortgage, pawn, pledge, encumber, or otherwise dispose of the consumer property until all the payments stated in the contract have been made.". 26 USC 167 note. (c) EFFECTIVE DATE. —The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act.