Chapter 969 Oregon Laws 2001

AN ACT

HB 3684

Relating to manufactured dwellings; creating new provisions; and amending ORS 646.608 and section 2, chapter 282, Oregon Laws 2001 (Enrolled House Bill 2702).

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

SECTION 1. As used in this section and section 2 of this 2001 Act:

(1) “Base price” means the total retail cost of the following unless separately disclosed as described in section 2 (2) of this 2001 Act:

(a) The manufactured dwelling as provided by the manufacturer;

(b) Features added by the dealer, if any;

(c) Freight; and

(d) Delivery and installation as stated in the purchase agreement.

(2) “Buyer” means a person who buys or agrees to buy a manufactured dwelling.

(3) “Improvements” means goods and services not included in the base price that are, in general, needed to prepare a site and complete the setup of a manufactured dwelling. “Improvements” includes, but is not limited to, permits, site preparation, sidewalks, concrete, utility connections, skirting, steps, railings, decks, awnings, carports, garages, sheds, gutters, downspouts, rain drains, heat pumps, air conditioning, basements, plants and landscaping, installation fees and systems development charges.

(4) “Manufactured dwelling” has the meaning given that term in ORS 446.003.

(5) “Manufactured dwelling dealer” or “dealer” means a person selling a manufactured dwelling while acting as a dealer regulated under ORS chapter 822.

(6) “Purchase agreement” means the written contract between the manufactured dwelling dealer and the buyer for the purchase of a manufactured dwelling. “Purchase agreement” does not include documents of a retail installment contract or loan agreement entered into as part of the purchase transaction.

SECTION 2. (1) A manufactured dwelling dealer who sells a manufactured dwelling shall use a purchase agreement form that complies with this section and rules adopted in accordance with section 3 of this 2001 Act.

(2) The purchase agreement shall include the base price and a written itemization that clearly and conspicuously discloses the retail prices of the following, if not included in the base price:

(a) Manufactured dwelling options that are ordered by the buyer.

(b) The amount of any refundable or nonrefundable administrative or processing fees paid to or collected by the dealer and the circumstances under which the fees may be returned to the buyer.

(c) The amount of any earnest money paid and the circumstances under which the earnest money may be returned to the buyer.

(d) Improvements provided by the dealer, or by a third party at the request of the dealer, to the extent known to the dealer at the time of sale. The written itemization of improvements under this paragraph excuses the provider making the improvements from compliance with section 4 (1), chapter 282, Oregon Laws 2001 (Enrolled House Bill 2702).

(e) All loan fees and credit report fees paid to or collected by the dealer to obtain financing for the buyer's purchase of the manufactured dwelling and the circumstances under which the fees may be returned to the buyer.

(f) Alterations and upgrades to the manufactured dwelling made by the dealer or by a third party at the request of the dealer.

(g) Goods and services provided by the dealer, or by a third party at the request of the dealer, that are not otherwise disclosed pursuant to this section.

(h) Registration and other charges for transferring title to the manufactured dwelling.

(i) The extended warranty contract, if any.

(j) Delivery, installation or site access costs that are not otherwise disclosed pursuant to this section, if any.

(3) The purchase agreement form must be accompanied by a list, provided by the Department of Justice, of governmental consumer protection agencies having jurisdiction over manufactured dwelling issues.

(4) Failure of a manufactured dwelling dealer to use a purchase agreement form that complies with this section and rules adopted in accordance with section 3 of this 2001 Act is an unlawful practice under ORS 646.608.

(5) Except as provided in ORS 41.740, a purchase agreement is considered to contain all of the terms of the contract between the buyer and the manufactured dwelling dealer. No evidence of the terms of the contract may be presented other than the contents of the purchase agreement. As used in this subsection, “contract” does not include a retail installment contract or loan agreement entered into as part of a purchase transaction.

SECTION 3. The Department of Justice may adopt rules necessary and proper for the administration and enforcement of section 2 of this 2001 Act.

SECTION 4. Section 2, chapter 282, Oregon Laws 2001 (Enrolled House Bill 2702), is amended to read:

Sec. 2. As used in sections 3 and 4 [of this 2001 Act], chapter 282, Oregon Laws 2001 (Enrolled House Bill 2702):

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

(2) “Improvements” [means installations or other changes that a tenant makes to a rental space. “Improvements” includes, but is not limited to, plants and landscaping, sidewalks and other concrete work, skirting, decks, railings, awnings, gutters, carports, garages, sheds, installation charges imposed by the landlord, installation fees imposed by government agencies and system development charges to be paid by the tenant] has the meaning given that term in section 1 of this 2001 Act.

(3) “Provider” means a contractor licensed under ORS chapter 701 who adds improvements to a manufactured dwelling park.

(4) “Statement of estimated costs” means a written list of the charges, fees, services, goods and accessories that a provider knows or should know are associated with the making of an improvement contracted by the provider and the total estimated cost to the buyer for the improvement.

SECTION 5. ORS 646.608 is amended to read:

646.608. (1) A person engages in an unlawful practice when in the course of the person's business, vocation or occupation the person does any of the following:

(a) Passes off real estate, goods or services as those of another.

(b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services.

(c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another.

(d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.

(e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that they do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have.

(f) Represents that real estate or goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

(g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if they are of another.

(h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.

(i) Advertises real estate, goods or services with intent not to provide them as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

(j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions.

(k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred.

(L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers.

(m) Performs service on or dismantles any goods or real estate when not authorized by the owner or apparent owner thereof.

(n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611.

(o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon occurrence of an event subsequent to the time the customer enters into the transaction.

(p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service.

(q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver them as promised.

(r) Organizes or induces or attempts to induce membership in a pyramid club.

(s) Makes false or misleading representations of fact concerning the offering price of, or the person's cost for real estate, goods or services.

(t) Concurrent with tender or delivery of any real estate, goods or services fails to disclose any known material defect or material nonconformity.

(u) Engages in any other unfair or deceptive conduct in trade or commerce.

(v) Violates any of the provisions relating to auction sales, auctioneers or auction marts under ORS 698.640, whether in a commercial or noncommercial situation.

(w) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430.

(x) Violates ORS 646.850 (1).

(y) Violates any requirement of ORS 646.661 to 646.686.

(z) Violates the provisions of ORS 128.801 to 128.898.

(aa) Violates ORS 646.883 or 646.885.

(bb) Violates any provision of ORS 646.195.

(cc) Violates ORS 646.569.

(dd) Violates the provisions of ORS 646.859.

(ee) Violates ORS 759.290.

(ff) Violates ORS 646.872.

(gg) Violates ORS 646.553 or 646.557 or any rule adopted pursuant thereto.

(hh) Violates ORS 646.563.

(ii) Violates ORS 759.690 or any rule adopted pursuant thereto.

(jj) Violates the provisions of ORS 759.705, 759.710 and 759.720 or any rule adopted pursuant thereto.

(kk) Violates ORS 646.892 or 646.894.

(LL) Violates any provision of ORS 646.249 to 646.259.

(mm) Violates ORS 646.384.

(nn) Violates ORS 646.871.

(oo) Violates ORS 822.046.

(pp) Violates ORS 128.001.

(qq) Violates ORS 646.649 (2) to (4).

(rr) Violates ORS 646.877 (2) to (5).

(ss) Violates ORS 87.686.

(tt) Violates ORS 646.651.

(uu) Violates ORS 646.879.

(vv) Violates section 2 of this 2001 Act or any rule adopted under section 2 or 3 of this 2001 Act.

(2) A representation under subsection (1) of this section or ORS 646.607 may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.

(3) In order to prevail in an action or suit under ORS 646.605 to 646.652, a prosecuting attorney need not prove competition between the parties or actual confusion or misunderstanding.

(4) No action or suit shall be brought under subsection (1)(u) of this section unless the Attorney General has first established a rule in accordance with the provisions of ORS 183.310 to 183.550 declaring the conduct to be unfair or deceptive in trade or commerce.

SECTION 6. Sections 1 to 3 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 August 15, 2001

Filed in the office of Secretary of State August 16, 2001

Effective date January 1, 2002

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