A retail installment contract or retail charge agreement for the sale of motor vehicles, goods or services constitutes a bona fide time sale rather than a loan or a use of money; provided that if the contract covers motor vehicles, goods or services purchased primarily for personal, family or household use and not primarily for commercial or business use, the contract also clearly and specifically discloses both a cash price, using the term “cash price” or “cash sale price,” and a deferred payment price, using the term “deferred payment price” or “time sale price,” or if the agreement complies with ORS 83.080. This section shall apply notwithstanding that the contract is intended to be transferred, or is transferred, to a holder pursuant to a business relationship characterized by one or more of the following:
(1) All or any part of the seller’s contracts are transferred to the holder;
(2) The holder provides contract forms to the seller and instructions for the use of the forms;
(3) The holder investigates the creditworthiness of the buyer before or after the sale;
(4) The price the holder pays the seller for the contract is more than, equal to, or less than that which the retail buyer has contracted to pay to the seller;
(5) The transfer to the holder takes place concurrently with or within a short time of the sale;
(6) The transfer is with or without recourse to the seller; or
(7) The seller purchases services or borrows money from the holder. [1977 c.274 §2; 1981 c.910 §6; 1987 c.674 §2]
Section: Previous 83.750 83.810 83.811 83.813 83.820 83.830 83.840 83.850 83.860 83.875 83.880 83.885 83.890 83.895 83.990 NextLast modified: August 7, 2008