Section 45.66.100. Restrictions on down payments.

   (a) A seller may not require a buyer to pay as a down payment more than 20 percent of the initial payment unless the excess above the 20 percent is placed in an escrow account that meets the requirements of AS 45.66.110.
   (b) In this section,
        (1) "down payment" means that portion of the initial payment that the buyer is obligated to pay to the seller before or at the time the products, equipment, supplies, or services are delivered, but does not include any amount that is financed by or for which financing is to be obtained by the seller or that results from financing that the seller assists the buyer to obtain;
        (2) "initial payment" means
             (A) the total amount that a buyer is obligated to pay under the terms of the contract before or at the time the equipment, supplies, products, or services are delivered or within six months after the buyer commences operation of the business opportunity; or
             (B) the entire sale price if the contract sets out a specific total sale price for the purchase of the business opportunity and the total price is to be paid partially as a down payment and then in specific monthly payments or a subsequent lump sum payment.

Authorities

45.66.090;45.66.110;45.66.120

Notes

References

9 AAC 16.900
AS 45.66.090 Written contract required.
AS 45.66.110 Escrow account requirements.
AS 45.66.120 Actions for claims against escrow account.

History

(Sec. 3 ch 128 SLA 2002)