As used in ORS 650.200 to 650.250, unless the context requires otherwise: (1) “Affiliate” means any person who, other than by means of a franchise, controls, is controlled by or is under common control with any other person. (2) “Company operated station” means a motor fuel service station operated by a franchisor with employees of […]
Notwithstanding the terms of any franchise, a franchisor shall not: (1) Require any franchisee to meet unreasonable mandatory minimum sales volume requirements for fuel or other products; (2) Alter the franchise premises during the effective term of the franchise without the consent of the franchisee. This subsection does not apply to alterations required by law; […]
Without limiting the other provisions of ORS 650.200 to 650.250, the following specific rights and prohibitions shall govern the relationship between the franchisor and the franchisee. It shall be unlawful and a violation of ORS 650.200 to 650.250 for any franchisor to: (1) Require a franchisee to purchase or lease goods or services of a […]
It is unlawful for any person in connection with the offer, sale or purchase of any franchise directly or indirectly: (1) To sell or offer to sell a franchise in this state by means of any written or oral communication which includes an untrue statement of a material fact. (2) To employ any device, scheme […]
(1) Notwithstanding the terms of any franchise, a franchisor shall not prohibit or unreasonably withhold its consent to any sale, assignment or other transfer of the franchise by a franchisee to a qualified third party. (2) If the franchisor consents to the proposed sale, assignment or other transfer and the proposed third party has not […]
(1) Following the death of a motor fuel retailer franchisee and notwithstanding the terms of the franchise, the franchisor, in the case of leased marketing premises, shall enter into a new franchise with the designee of the motor fuel retailer franchisee on the terms and conditions then generally being extended by the franchisor to similarly […]
Notwithstanding the terms of any franchise, no franchisor may prohibit or prevent the sale, assignment or other transfer of a franchise to a corporation in which the franchisee has and maintains a controlling interest if the franchisee offers in writing personally to guarantee the performance of the obligations under the franchise. In the event of […]
(1) A franchisor, as a condition for renewal of a franchisee lease or a supply agreement, shall not require a franchisee to operate a service station for the sale of motor fuel to the public for ultimate consumption in excess of 16 hours per day. (2) This section shall not apply: (a) If specific hours […]
For purposes of ORS 646.040, the transfer of motor fuel from a franchisor to a company operated station or a franchisee shall be a sale in commerce. [1987 c.917 §6]
Without limiting the other provisions of ORS 650.200 to 650.250, the principle of good faith shall govern the relationship and dealings of the parties with each other. [1987 c.917 §8]
(1) Any person who is injured in the person’s business or property by reason of a violation of ORS 650.200 to 650.250 may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, for injunctive […]
