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 […]
Section 83.850 – Definitions for ORS 83.850 and 83.860.
As used in ORS 83.850 and 83.860: (1) “Financing agency,” “motor vehicle dealer,” “retail lease,” “retail lessee” and “retail lessor” have the meanings given those terms in ORS 83.510. (2) “Goods” has the meaning for that term provided in ORS 83.010. (3) “Motor vehicle” means a motor vehicle as defined in ORS 83.510 purchased primarily […]
Section 83.860 – Applicability of claims and defenses of borrower or lessee when loan made or lease funded in close connection with sale or retail lease.
(1) If a lender makes a loan in close connection with the sale of goods or motor vehicles, the lender is subject to all claims and defenses of the borrower that the borrower as buyer has against the seller or motor vehicle dealer arising out of the sale, notwithstanding any agreement to the contrary. However, […]
Section 83.875 – Definitions for ORS 83.875, 83.880, 83.890 and 83.895.
As used in ORS 83.875, 83.880, 83.890 and 83.895: (1) “Goods” has the meaning for that term provided in ORS 83.010. (2) “Motor vehicles” means a motor vehicle as defined in ORS 83.510, purchased primarily for personal, family or household purposes and not primarily for business or commercial purposes. (3) “Retail charge agreement” has the […]
Section 83.650 – Effect of negotiation of notes on rights against motor vehicle dealer.
(1) No retail installment contract shall require or entail the execution, by the buyer, of any note or series of notes, which when separately negotiated will cut off as against third parties any right of action or defense which the buyer may have against the motor vehicle dealer. (2) The rights of a holder in […]
Section 83.660 – Acceleration provision.
No provision in a retail installment contract by which, in the absence of the buyer’s default, the holder may, arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the time balance is enforceable. This section does not prohibit provisions in a retail installment contract accelerating any part or all of […]
Section 83.670 – Unenforceable contract provisions.
(1) No provision in a retail installment contract for confession of judgment, power of attorney therefor, or wage assignment is enforceable. (2) No provision in a retail installment contract that authorizes a motor vehicle dealer or holder of the contract or other person acting on the behalf of the motor vehicle dealer or holder to […]
Section 83.680 – Waiver of provisions of ORS 83.510 to 83.680.
Any waiver of the provisions of ORS 83.510 to 83.680 shall be unenforceable and void. [1957 c.625 §28]
Section 83.710 – Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750.
(1) As used in ORS 83.710 to 83.750: (a) A transaction is a “home solicitation sale” if: (A) It is a sale, lease or rental of goods or services, as defined in ORS 83.010; (B) The seller or the seller’s representative personally solicits the sale, lease or rental, including a sale, lease or rental in […]
Section 83.715 – Telephone solicitation sale; contract; contents.
(1) Except as provided in this section, no enforceable agreement may be formed by a telephone solicitation sale. (2) To form a binding agreement by telephone solicitation sale, the seller must receive from the buyer a signed, written contract that contains all of the terms of the agreement between the seller and the buyer. The […]