71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 3684
LC 3692/HB 3684-A3
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3684
By COMMITTEE ON RULES AND REDISTRICTING
June 25
On page 1 of the printed A-engrossed bill, line 2, after '
646.608' insert 'and section 2, chapter 282, Oregon Laws 2001
(Enrolled House Bill 2702)'.
Delete lines 4 through 28 and insert:
' { + 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. + } ' .
On page 2, delete lines 1 through 18.
In line 20, after 'Act' insert a period and delete the rest of
the line and lines 21 and 22 and insert:
' { + 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.'.
In line 23, delete '4' and insert '5'.
On page 4, line 19, delete '5' and insert '6'.
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