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| | SB3392 Engrossed | | LRB100 18305 JLS 33510 b |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Installment Sales Contract Act is amended by |
5 | | changing Section 5 as follows:
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6 | | (765 ILCS 67/5)
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7 | | Sec. 5. Definitions. As used in this Act, unless the |
8 | | context otherwise requires: |
9 | | "Amortization schedule" means a written schedule which |
10 | | sets forth the date of each periodic payment, the amount of |
11 | | each periodic payment that will be applied to the principal |
12 | | balance and the resulting principal balance, and the amount of |
13 | | each periodic payment that will be applied to any interest |
14 | | charged, if applicable, pursuant to the contract.
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15 | | "Balloon payment" means a payment, other than the initial |
16 | | down payment, in which more than the ordinary periodic payment |
17 | | is charged during the contract.
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18 | | "Business day" means any calendar day except Saturday, |
19 | | Sunday, or a State or federal holiday. |
20 | | "Buyer" means the person who is seeking to obtain title to |
21 | | a property by an installment sales contract or is obligated to |
22 | | make payments to the seller pursuant to the contract.
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23 | | "Date of sale" means the date that both the seller and |
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1 | | buyer have signed the written contract.
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2 | | "Dwelling structure" means any private home or residence or |
3 | | any building or structure intended for residential use with not |
4 | | less than one nor more than 4 residential dwelling units. |
5 | | "Installment sales contract" or "contract" means any |
6 | | contract or agreement, including a contract for deed, bond for |
7 | | deed, or any other sale or legal device whereby a seller agrees |
8 | | to sell and the buyer agrees to buy a residential real estate, |
9 | | in which the consideration for the sale is payable in |
10 | | installments for a period of at least one year after the date |
11 | | of sale, and the seller continues to have an interest or |
12 | | security for the purchase price or otherwise in the property. |
13 | | "Installment sales contract" does not include a financing |
14 | | arrangement that for religious or cultural reasons does not |
15 | | allow the imposition or collection of interest and that is |
16 | | offered by a person, partnership, association, limited |
17 | | liability company, or corporation doing business under and as |
18 | | permitted by any law of this State or the United States |
19 | | relating to banks, savings and loan associations, savings |
20 | | banks, or credit unions. |
21 | | "Residential real estate" means real estate with a dwelling |
22 | | structure, excluding property that is sold as a part of a tract |
23 | | of land consisting of 4 acres or more zoned for agricultural |
24 | | purposes. |
25 | | "Seller" means an individual or legal entity that possesses |
26 | | a legal or beneficial interest in real estate and that enters |
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1 | | into an installment sales contract more than 3 times during a |
2 | | 12-month period to sell residential real estate. Any individual |
3 | | or legal entity that has a legal or beneficial interest in real |
4 | | estate under the name of more than one legal entity shall be |
5 | | considered the same seller.
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6 | | (Source: P.A. 100-416, eff. 1-1-18 .)
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7 | | Section 99. Effective date. This Act takes effect upon |
8 | | becoming law.
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