Chapter 822
822.030
NOTES OF DECISIONS
Under former similar statute
Surety
on automobile dealer’s bond is not liable for punitive damages adjudged against
dealer based on dealer’s fraud. Butler v. United Pac. Ins. Co., 265 Or 473, 509
P2d 1184 (1973)
Where
automobile was stolen after purchase, buyer was unable to recover from his
insurer for such theft because he could not produce valid title to car, and
seller did not have title at time of sale in violation of [former] ORS 481.315
and failed to transfer title to buyer, buyer had “suffered loss” from seller’s
violation within meaning of this section and was thus entitled to damages.
Chamberlain v. Jim Fisher Motors, Inc., 282 Or 229, 578 P2d 1225 (1978)
Attorney
fees and punitive damages were not properly awarded under this section.
Chamberlain v. Jim Fisher Motors, Inc., 282 Or 229, 578 P2d 1225 (1978)
This
section contemplates yearly and separate bond obligation for each year of
licensure. General Electric Credit Corp. v. United Pac. Ins. Co., 80 Or App
129, 722 P2d 15 (1986), Sup Ct review denied
822.042
NOTES OF DECISIONS
Where
dealer fails to either timely submit title application to Department of
Transportation or timely provide notice of delay to security interest holder, lessor or purchaser, failure constitutes single violation.
Spires Subaru, Inc. v. DMV, 188 Or App 104, 71 P3d 103 (2003)
822.045
NOTES OF DECISIONS
Under former similar statute (ORS
481.315)
Dealer,
who did not have certificate of title at time of sale in violation of this
section, was liable for buyer’s damages resulting from subsequent theft of
vehicle and buyer’s insurer’s refusal to pay claim absent proof of title.
Chamberlain v. Jim Fisher Motors, Inc., 282 Or 229, 578 P2d 1225 (1978)
Bill
of sale for used vehicle in possession of licensee must show present transfer
of title to property for consideration, not merely agreement to sell. Fidelity
and Deposit Co. of Maryland v. Greenlee, 62 Or App 40, 660 P2d 172 (1983)
822.135
NOTES OF DECISIONS
Under former similar statute
Offense
of wrecker failing to have proper evidence of motor vehicle ownership, as
defined by this section, is not strict liability crime under ORS 161.105. State
v. Eyerly, 37 Or App 399, 587 P2d 1039 (1978)