QUESTIONS AND ANSWERS 100%
CORRECT
(True/False): Ignorance of the law will shield you from liability if you are noncompliant. -
ANSWER-False
(True/False): As an F&I manager working directly with customers, you are individually
responsible for your actions and what you say to each customer. - ANSWER-True
In a typical credit transaction the (bank)/(dealer) is the creditor. - ANSWER-The dealer
is the creditor
What is a contract? - ANSWER-A contract is an agreement involving a promise or set of
promises that the law enforces or protects.
The formation of a contract requires three elements: - ANSWER-1. Offer
2. Acceptance
3. Consideration
An offer consists of three elements: - ANSWER-1. An expression of a promise or
commitment (intent) to enter a contract
2. An expression of definite and certain terms
3. The communication of the offer to the offeree (in this case, the customer)
An offer may be terminated by: - ANSWER-1. An act of the parties
2. The operation of law
There are three criteria for the acceptance of an offer: - ANSWER-1. The offer is
accepted by one who is entitled to accept
2. The acceptance takes the proper form and is timely
3. The terms of acceptance reflect closely the terms of the offer and, therefore, do not
amount to a counteroffer
The Statute of Frauds - ANSWER-Generally requires that all contracts involving the sale
of goods for a price of $500 or more be in writing.
The Statute of Frauds requires a written contract for the sale of goods for a price of
_______ or more. - ANSWER-$500
,What is required in order for the parties (the individuals entering into the contract) to
have "legal capacity?" - ANSWER-The parties to the contract must be of legal age
under the laws of the state in which the contract is written.
Criteria that can block the formation of a valid contract: - ANSWER-1. The need for a
written agreement under the Statute of Frauds and certain provisions of the Uniform
Commercial Code (U.C.C.)
2. The need for legal capacity of a party to contract
3. The act of fraudulent inducement
What is "consideration" as it applies to a contract? - ANSWER-The requirement that
each party to the contract receives something of value in exchange for what is given.
Finance Charge - ANSWER-The Finance Charge is the resulting dollar amount
calculated by applying the Annual Percentage Rate to the Amount Financed over the
term of the contract.
How the Itemization of Amount Financed is completed - ANSWER-1. Cash Price
(Agreed to price of vehicle)
2. Total Downpayment
3. Unpaid Balance of Cash Price(Cash Price-Downpayment)
4. Other Charges (GAP, VSC, Etc.)
5. Amount Financed
4 Key Sections of an installment sale contract - ANSWER-Section A) General
Information -- Identifies the parties to the agreement.
Section B) Mandated Disclosures -- Disclosures required by TILA
Section C) Insurance-Related Disclosures --Credit insurance is optional
Section D) Signature Blocks - Notice to Buyer Disclosures --Bind all parties to contract
The introductory information and promise to pay contained in Section A of Retail
Installment Form - ANSWER-Promise to Pay - This section outlines the purpose of the
transaction and the primary obligations that will be incurred from signing the contract.
The difference between full or partial recourse and no recourse assignments. -
ANSWER-Essentially determines the length of time, if any, the seller is responsible for
the actions of the buyer.
Warranty disclaimers do not apply to _______ warranties on new or used vehicles to
which that warranty still applies. - ANSWER-Manufacturer's
A(n) _______ clause allows the creditor to declare the entire outstanding balance due
and payable. - ANSWER-Acceleration
,As recorded on an installment sale agreement, the total sale price or deferred contract
price would be the total of the ________. - ANSWER--Payments
-Downpayment
-Net Trade-In
Which is NOT listed as a mandated TILA box disclosure? - ANSWER-Holder-in-Due
Course Notice
Closed-End Credit Terminology (Dealer Arranged) - ANSWER-Transaction -- Credit
Sale
Document -- Installment Sale Agreement
Cost of Credit -- Finance Charge
Cost of credit stated as -- APR
Parties to the agreement -- Dealer- customer-assigned to a lender or captive finance
source
Precomputed Interest - ANSWER-The cost of credit (finance charge) is calculated
upfront when the agreement is computed and repaid monthly over its term.
Simple Interest - ANSWER-The cost of credit (finance charge) is calculated daily based
on the outstanding balance and paid monthly. For the customer, the only advantage to
an agreement based on simple interest finance charge is if it does not run full term.
The Rule of 78s - ANSWER-Most common method for calculating precomputed interest.
Allows the creditor to claim a greater portion of the finance charge during the initial part
of the repayment period. Under the Rule of 78, periods are weighted by comparing their
numerical values to the sum of all the digits of the periods. The weights are applied in
reverse, applying large weights to early periods.
Pro Rata Refunds - ANSWER-The term of the agreement is treated as being composed
of equal units, with a refund based on an equal-unit apportionment of the length of time
the agreement has been in force.
In most states, the _______ is deemed to be part of the purchase agreement. -
ANSWER-Buyer's Guide
(True/False) Because the late charges that may be imposed on an installment sale
agreement are regulated at the state level, the amount of the late charge is NOT a
required disclosure item. - ANSWER-False
At the time of consummation, an installment sale contract is between the _______ and
the _______. - ANSWER-Customer, Dealer
, The Truth in Lending Act and Reg. Z govern installment sale transactions for vehicles
purchased for what type(s) of uses? - ANSWER-Personal, Family or Household
What is always the largest number on an installment sale agreement? - ANSWER-The
total sale price
What does "force-placed" or "creditor-placed" mean? - ANSWER-Allows the creditor to
force place insurance - that is, buy physical damage insurance to cover the creditor's
interest in the vehicle or the creditor's and the buyer's interest in the vehicle if the buyer
fails to do so.
(True/False) Installment sale agreements notify the customer of the state's laws
regarding repossession and how (if applicable) the customer can redeem the vehicle or
reinstate the contract. - ANSWER-True
How are installment sale contracts regulated? - ANSWER-By federal and state law
(True/False) If the vehicle is declared a total loss, the creditor may claim the proceeds
from the physical damage insurance. - ANSWER-True
Closed-End Credit - ANSWER-A fixed amount of money borrowed for a specified period
of time, such as for home mortgages, vehicle purchases and other types of installment-
based financing.
Closed-End Credit Terminology (Customer Arranged) - ANSWER-Transaction -- Loan
Document -- Note
Cost of Credit -- Interest
Cost of credit stated as -- APR
Parties to the agreement -- Lender- customer
A pickup payment may be treated as part of the down payment if it is: - ANSWER-
Payable no later than the due date of the second otherwise regularly scheduled
payment, not subject to a finance charge, and not included in the amount financed.
(True/False) In situations in which the customer has the option of purchasing credit
insurance (when the lender doesn't require the coverage as a condition of granting the
loan), the dollar amount of the premium must be added to the finance charge and
computed as part of the APR. - ANSWER-False
A dealer may provide TILA and Reg. Z disclosures in any language, but they are
required to be made in _______ upon the customer's request. - ANSWER-English
Triggering terms on an advertisement for an installment sale - ANSWER-1) The amount
or percentage of any downpayment
2) The number of payments or period of repayment
3) The amount of any payment