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Jerry Eller purchases a laptop computer for $995 from the local Preferable Purchase electronics store. He charges the $995 amount on Preferable Purchase "instant credit," and the store has guaranteed him no finance charges if he pays the $995 amount within one year from the date of purchase.
Jerry purchased the computer for use in his business, Eller's Civil War Battlefield Tours, Inc. On any given week, Eller uses the laptop approximately 20 hours for the purposes of Eller's Civil War Battlefield Tours, Inc., and 10 hours to play the online video game "Gloom" (his favorite hobby.) One year passes, and Jerry does not pay any of the credit balance. After repeated attempts by Preferable Purchase's Credit Department to collect on the debt, Jerry still refuses to pay.
Does Preferable Purchase have a perfected security interest in the laptop computer? If not, why not? If so, what advantage(s) does that afford Preferable Purchase? What questions should Preferable Purchase have asked at the time of the sale?
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