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 3692
A-Engrossed
House Bill 3684
Ordered by the House April 27
Including House Amendments dated April 27
Sponsored by Representative MERKLEY (at the request of Attorney
General's Manufactured Housing Task Force)
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 certain manufactured dwelling dealers to use
{ - sales contract - } { + purchase agreement + } form for
sale of manufactured dwelling. Specifies content of { - sales
contract - } { + purchase agreement + } form. Adds failure to
comply with requirement to unlawful practices law.
A BILL FOR AN ACT
Relating to manufactured dwellings; creating new provisions; and
amending ORS 646.608.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 3 of this 2001
Act: + }
{ + (1) 'Buyer' has the meaning given that term in ORS
72.1030.
(2) 'Cash sale price' means the price for which a manufactured
dwelling dealer certified under ORS 822.020 or 822.040 would sell
to the buyer, and the buyer would buy from the dealer, the
manufactured dwelling that is covered by the purchase agreement,
if the sale were a sale for cash. 'Cash sale price ' includes any
taxes, registration and license fees and charges for transferring
vehicle titles, delivery, installation, servicing, repairs,
alterations or improvements.
(3) 'Facility' has the meaning given that term in ORS 90.100.
(4) 'Manufactured dwelling' has the meaning given that term in
ORS 446.003.
(5) 'Purchase agreement' means the agreement between the
manufactured dwelling dealer and the buyer for the purchase of a
manufactured dwelling. + }
SECTION 2. { + (1) A manufactured dwelling dealer certified
under ORS 822.020 or 822.040, or an agent thereof, who sells a
manufactured dwelling must 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 form must include a written
itemization of the following fees and costs that are known or
should reasonably be known by the manufactured dwelling dealer:
(a) All goods and services provided by the dealer, or by a
third party at the request of the dealer, that are included in
the cash sale price of the manufactured dwelling or in the amount
financed, if any.
(b) The amount of any refundable or nonrefundable fees and the
circumstances under which the fees may be returned to the buyer.
(c) The amount of any down payment and the circumstances under
which the down payment may be returned to the buyer.
(d) An estimate of the costs generally associated with the
initial placement of a manufactured dwelling in a facility.
(e) All fees and costs required to qualify for or to obtain
financing for a manufactured dwelling when the dealer assists the
buyer in obtaining financing, including but not limited to loan
fees and credit report fees.
(3) The purchase agreement form must be accompanied by a list
of consumer agencies, including government consumer protection
agencies having jurisdiction over manufactured dwelling issues,
that the buyer may consult about the purchase agreement form.
(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) A purchase agreement is considered to contain all of the
terms of the contract between the buyer and the manufactured
dwelling dealer. Other evidence of the terms of the contract is
not allowed unless a mistake or imperfection in the purchase
agreement is put in issue or the validity of the contract is in
dispute. This subsection does not exclude other evidence of the
circumstances under which the contract was made or extrinsic
evidence to explain an intrinsic or extrinsic ambiguity or to
establish illegality or fraud. + }
SECTION 3. { + The Department of Justice may adopt rules
necessary and proper for the administration and enforcement of
section 2 of this 2001 Act, including rules for a uniform
purchase agreement form to be used by manufactured dwelling
dealers certified under ORS 822.020 or 822.040, or agents
thereof, in accordance with section 2 of this 2001 Act. + }
SECTION 4. 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 5. { + 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. + }
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