Section 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.

Authorities

45.35.010

Notes

References

AS 45.35.010 Disclosure of information.

History

(Sec. 2 ch 10 SLA 1999)