71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1720
 
                           A-Engrossed
 
                         House Bill 2701
                 Ordered by the Senate March 29
           Including Senate Amendments dated March 29
 
Sponsored by Representative WINTERS; Representatives CARLSON,
  CLOSE, DEVLIN, DOYLE, KING, KNOPP, KRUMMEL, LOWE, MERKLEY,
  STARR, TOMEI, C WALKER, WILLIAMS, WITT, ZAUNER, Senators
  ATKINSON, FERRIOLI, METSGER (at the request of Oregon
  Manufactured Housing Association and Manufactured Home Owners
  of Oregon, Inc./OSTA)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires seller of manufactured dwelling to provide notice to
buyer if portion of buyer's rent will be paid by seller or out of
proceeds of financing. Provides remedy for failure to give
notice.
 
                        A BILL FOR AN ACT
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. + }
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