Section 83.885 – Sale of motor vehicles, personal property or services for business or commercial purposes as time sale rather than loan.
A retail installment contract for the sale of motor vehicles, other personal property or services purchased primarily for business or commercial purposes, which discloses both a cash price and a deferred payment or time price, constitutes a bona fide time sale rather than a loan or use of money, notwithstanding that the contract is intended […]
Section 83.890 – Notice required in contract when seller intends to transfer contract.
(1) If the seller intends to transfer the retail installment contract to a holder, who has agreed with the seller to collect payments directly from the retail buyer, the contract shall contain the following notice which shall be in at least 8-point type, or elite typewriter type, and be located on the same side of […]
Section 83.895 – Effect of seller’s failure to provide notice.
Any seller who violates ORS 83.890 shall be subject to the provisions contained in ORS 83.170. [1977 c.274 §4]
Section 83.990 – Penalties.
(1) Any person who violates any provision of ORS 83.510 to 83.680 commits a Class A violation. (2) A willful violation of ORS 83.520 to 83.600 or 83.650 to 83.670 by any person shall bar recovery of any finance charge, delinquency or collection charge or refinancing charge on the retail installment contract involved. (3) Notwithstanding […]
Section 83.730 – Written agreement or offer to purchase; contents; notice of buyer’s right to cancel; form.
(1) A home solicitation sale must be evidenced by a written agreement or offer to purchase signed by the buyer. At the time a buyer executes the written agreement or offer to purchase: (a) The seller must furnish the buyer with a fully completed copy of the written agreement or offer to purchase. (b) The […]
Section 83.740 – Duties of seller upon cancellation of sale or revocation of offer to purchase.
(1) The seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness within 10 days after a home solicitation sale has been canceled or an offer to purchase has been revoked. (2) If the down payment includes goods traded in, the goods must be tendered […]
Section 83.750 – Rights and duties of buyer upon cancellation of sale or revocation of offer to purchase.
(1) Except as provided by ORS 83.740 (3), within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer must tender to the seller upon demand any goods delivered by the seller pursuant to the sale, but the buyer is not obliged to tender at any […]
Section 83.811 – Exemption from certain disclosure requirements for motor vehicle dealer or retail seller.
(1) The disclosure provisions of ORS 83.010 to 83.680 and 83.990 shall not apply to any motor vehicle dealer or retail seller entering into a retail installment transaction when: (a) The motor vehicle dealer or retail seller regularly enters into retail installment transactions; and (b) The terms of the retail installment transaction provide for payment […]
Section 83.813 – Exemption from certain disclosure requirements for assignee of retail installment contract.
(1) The disclosure provisions of ORS 83.010 to 83.680 and 83.990 shall not apply to the assignee of any retail installment contract when: (a) The assignor is a motor vehicle dealer or retail seller; (b) The assignee regularly extends credit to natural persons primarily for personal, family or household purposes; (c) The credit is subject […]
Section 83.820 – Consumer paper; negotiability; exception; rights and liabilities of assignees.
(1) In any contract for the sale or lease of motor vehicles on any form of credit, or of consumer goods or services on credit, entered into between a motor vehicle dealer, retail seller or retail lessor and a retail buyer or retail lessee, such contract, note or any instrument or evidence of indebtedness of […]