| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 9-A MRSA §11-104, sub-§2, as enacted by PL 1991, c. 787, is | amended to read: |
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| | 2. The consumer is a resident of this State at the time the | merchant, wherever located, offering the rental-purchase | agreement solicits the rental-purchase agreement or modification | of the rental-purchase agreement in this State, whether the | solicitation is made personally, by mail or by telephone. |
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| For the purposes of this Article, the residence of the consumer | is the address given by the consumer as the consumer's residence | in any writing signed by the consumer in connection with the | rental-purchase agreement. Unless the consumer notifies the | merchant of a new or different residence address, the given | residence address is presumed to be unchanged. |
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| | Sec. 2. 9-A MRSA §11-105, sub-§§2 and 3, as enacted by PL 1991, c. 787, | are amended to read: |
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| | 2. "Advertisement" means a commercial message in any medium | that directly or indirectly aids, promotes or assists a rental- | purchase agreement, but does not include in-store merchandising | aids such as window signs and ceiling banners. |
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| | 3. "Cash price" means the price for which the merchant would | sell the property to the consumer for cash on the date of the | rental-purchase agreement. The "cash price" cash price must be | reasonably related to the fair market value of the property. | Either of the following is conclusive evidence of a reasonable | relationship to fair market value for new property, but a | reasonable relationship may also be demonstrated by other | evidence: |
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| A.__Published prices or advertisements by retailers of | similar products selling in the same trade area in which the | merchant is located, if the prices were published or | disseminated within the 90-day period preceding consummation | of the rental-purchase agreement; or |
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| B.__Cash price in an amount not exceeding twice the bona | fide actual cost, including freight charges, of the rental | property to the merchant from a wholesaler, distributor or | manufacturer, net of volume rebates, discounts or incentives | received by the merchant for the specific item and known by | the merchant at the time the merchant purchased the item. |
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