Chapter 112 Oregon Laws 2001

AN ACT

HB 2701

Relating to sellers of manufactured dwellings.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 2 to 4 of this 2001 Act:

(1) “Buyer” has the meaning given that term in ORS 72.1030;

(2) “Facility” has the meaning given that term in ORS 90.100;

(3) “Landlord” has the meaning given that term in ORS 90.100;

(4) “Manufactured dwelling” has the meaning given that term in ORS 90.100;

(5) “Manufactured dwelling park” has the meaning given that term in ORS 446.003;

(6) “Purchase money security interest” has the meaning given that term in ORS 79.1070;

(7) “Secured party” has the meaning given that term in ORS 79.1050; and

(8) “Seller” has the meaning given that term in ORS 72.1030.

SECTION 2. A seller of a manufactured dwelling acting as a vehicle dealer under ORS chapter 822 must provide notice under section 3 of this 2001 Act if the manufactured dwelling is to be placed in a facility and the seller:

(1) Pays a portion of the rent for the dwelling; or

(2) Provides financing or assists the buyer in arranging financing that results in a party taking a purchase money security interest in the dwelling and the seller knows that a portion of the proceeds from the financing is to be used to pay a portion of the rent for the dwelling.

SECTION 3. (1) A seller subject to section 2 of this 2001 Act must give notice by certified mail to the parties listed in subsection (2) of this section prior to the date the manufactured dwelling is delivered to the facility. The notice must be in writing and include:

(a) A statement that a portion of the rent is being paid by the seller or out of the proceeds from financing; and

(b) The amount and duration of rent that is being paid by the seller or out of the proceeds from financing.

(2) A seller subject to section 2 of this 2001 Act must give notice under subsection (1) of this section to:

(a) The buyer;

(b) The landlord; and

(c) The secured party, if any, taking a purchase money security interest in the manufactured dwelling.

SECTION 4. If a seller fails to provide notice under section 3 of this 2001 Act, a buyer, landlord or secured party without actual notice that suffers an ascertainable loss as a result of the failure may bring an individual action to recover actual damages or $200, whichever is greater.

SECTION 5. Sections 2 to 4 of this 2001 Act apply to manufactured dwelling sales for which the buyer signs a purchase agreement on or after the effective date of this 2001 Act.

Approved by the Governor April 23, 2001

Filed in the office of Secretary of State April 23, 2001

Effective date January 1, 2002

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