Oregon Statutes - Chapter 83 - Retail Installment Contracts

• 83.010   Definitions for ORS 83.010 to 83.190.
  As used in ORS 83.010 to 83.190 unless the context requires otherwise: (1) “Cash sale price” means the price for which the seller would have...
• 83.020   Retail installment contract requirements; exceptions.
  (1) Except as provided in subsections (2) and (3) of this section, every retail installment contract shall be contained in a single document which shall...
• 83.030   Contents of contract.
  The retail installment contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or other...
• 83.040   Subsequent purchases under original contract.
  A retail installment contract may be contained in more than one document, provided that one such document shall be an original document signed by the...
• 83.050   Contracts completed by mail and based on catalog of seller.
  (1) Retail installment contracts negotiated and entered into by mail without personal solicitation by salesmen or other representatives of the seller and based upon a...
• 83.060   Filling blanks.
  The seller shall not obtain the signature of the buyer to any contract when it contains blank spaces of items which are essential provisions of...
• 83.070   Delivery of copy of contract to buyer.
  The retail seller shall deliver to the retail buyer, or mail to the retail buyer at the address shown on the retail installment contract, a...
• 83.080   Informing buyer of service charge and right to prepay; monthly statement.
  (1) At or prior to the time a retail charge agreement is made the seller shall advise the buyer in writing, on the application form...
• 83.090   Service charge; other fees.
  The service charge shall be inclusive of all charges incident to investigating and making the retail installment contract or charge agreement and for the privilege...
• 83.095   Service charge computed by actuarial method.
  (1) Notwithstanding any other provision of ORS 83.010 to 83.190 and 83.820 to 83.895, a retail seller in a retail installment contract may contract for...
• 83.100   Extra charges; miscellaneous provisions of contract.
  (1) Except as provided in ORS 20.082, the holder of any retail installment contract or retail charge agreement may not collect any delinquency or collection...
• 83.110   Insurance.
  (1) If the cost of any insurance is included in the retail installment contract or retail charge agreement: (a) The contract or agreement shall state...
• 83.120   Receipts; schedule of payments.
  A buyer shall be given a written receipt for any payment when made in cash. Upon written request of the buyer, the holder of a...
• 83.130   Voluntary prepayment by buyer; refund.
  (1) Notwithstanding the provisions of any retail installment contract to the contrary, and if the rights of the purchaser have not been terminated or forfeited...
• 83.140   Consolidation of purchases with prior contract.
  (1) If, in a retail installment transaction, a retail buyer makes any subsequent purchases of goods or services from a retail seller from whom the...
• 83.150   Unenforceable contract provisions.
  No provision of a retail installment contract or retail charge agreement shall be valid: (1) By which the buyer agrees not to assert against the...
• 83.160   Waiver of ORS 83.010 to 83.190.
  No act or agreement of the retail buyer before or at the time of the making of a retail installment contract, retail charge agreement or...
• 83.170   Effect of violation of ORS 83.010 to 83.190 by seller.
  Any seller who enters into any contract or agreement which does not comply with the provisions of ORS 83.010 to 83.190 or who violates any...
• 83.180   Enforcement of ORS 83.010 to 83.190.
  The Attorney General of the State of Oregon or a district attorney may bring an action in the name of the state against any person...
• 83.190   Civil penalties.
  Any person who violates any order or injunction issued pursuant to ORS 83.010 to 83.190 shall forfeit and pay a civil penalty of not more...
• 83.510   Definitions for ORS 83.510 to 83.680.
  As used in ORS 83.510 to 83.680 except where the context otherwise requires: (1) “Cash sale price” means the price for which the motor vehicle...
• 83.520   Form and contents of retail installment contract.
  (1) A retail installment contract shall be in writing, shall contain all the agreements of the parties, shall contain the names of the motor vehicle...
• 83.530   Filling blanks.
  (1) Except as provided in subsection (2) of this section, a retail installment contract shall not be signed by any party to the contract when...
• 83.540   Delivery of copy of contract to buyer.
  The motor vehicle dealer shall deliver to the buyer, or mail to the buyer at the address shown on the contract, a copy of the...
• 83.550   [1957 c.625 §8; repealed by 1961 c.458 §1]
• 83.560   Finance charge.
  A motor vehicle dealer may, in a retail installment contract, contract for and charge, receive and collect a finance charge agreed upon by the motor...
• 83.565   Finance charge computed by actuarial method; requirements; notice.
  (1) Notwithstanding any other provision of ORS 83.510 to 83.680 and 83.820 to 83.895, a motor vehicle dealer, in a retail installment contract, may contract...
• 83.570   [1957 c.625 §22; repealed by 1981 c.412 §24]
• 83.580   Insurance.
  (1) The amount, if any, included for automobile insurance, shall not exceed the premiums chargeable in accordance with rate filings made by the insurer with...
• 83.590   Delinquency and collection charges.
  The holder of a retail installment contract, if the contract so provides, may collect a delinquency charge on each installment in default for a period...
• 83.600   Schedule of payments; receipts.
  Upon written request from the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the...
• 83.610   Delivery to buyer of instrument indicating full payment; release of security.
  After the payment of all sums for which the buyer is obligated under a retail installment contract or other security agreement, as defined in ORS...
• 83.620   Voluntary prepayment by buyer; refund.
  (1) Notwithstanding the provisions of a retail installment contract to the contrary, the buyer may pay in full at any time before maturity the obligation...
• 83.630   Extension of scheduled due date; deferment of scheduled payment; refinance charge.
  The holder of a retail installment contract, upon agreement with the buyer, may extend the scheduled due date or defer the scheduled payment of all...
• 83.635   Acceptance of retail installment contract by lender.
  If a retail installment contract for the purchase of a motor vehicle meets the requirements of ORS 83.510 to 83.680 and contains information required by...
• 83.640   [1957 c.625 §§10, 11; repealed by 1961 c.726 §427]
• 83.650   Effect of negotiation of notes on rights against motor vehicle dealer.
  (1) No retail installment contract shall require or entail the execution, by the buyer, of any note or series of notes, which when separately negotiated...
• 83.660   Acceleration provision.
  No provision in a retail installment contract by which, in the absence of the buyer’s default, the holder may, arbitrarily and without reasonable cause, accelerate...
• 83.670   Unenforceable contract provisions.
  (1) No provision in a retail installment contract for confession of judgment, power of attorney therefor, or wage assignment is enforceable. (2) No provision in...
• 83.680   Waiver of provisions of ORS 83.510 to 83.680.
  Any waiver of the provisions of ORS 83.510 to 83.680 shall be unenforceable and void. [1957 c.625 §28] HOME SOLICITATION SALES
• 83.710   Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750.
  (1) As used in ORS 83.710 to 83.750: (a) A transaction is a “home solicitation sale” if: (A) It is a sale, lease or rental...
• 83.715   Telephone solicitation sale; contract; contents.
  (1) Except as provided in this section, no enforceable agreement may be formed by a telephone solicitation sale. (2) To form a binding agreement by...
• 83.720   Cancellation of home solicitation sale; notice; exception.
  (1) Except as provided in subsection (5) of this section, in addition to any other right to revoke an offer or rescind a transaction that...
• 83.730   Written agreement or offer to purchase; contents; notice of buyer’s right to cancel; form.
  (1) A home solicitation sale must be evidenced by a written agreement or offer to purchase signed by the buyer. At the time a buyer...
• 83.740   Duties of seller upon cancellation of sale or revocation of offer to purchase.
  (1) The seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness within 10 days...
• 83.750   Rights and duties of buyer upon cancellation of sale or revocation of offer to purchase.
  (1) Except as provided by ORS 83.740 (3), within a reasonable time after a home solicitation sale has been canceled or an offer to purchase...
• 83.810   [1969 c.392 §2; 1977 c.274 §7; repealed by 1991 c.296 §4]
• 83.811   Exemption from certain disclosure requirements for motor vehicle dealer or retail seller.
  (1) The disclosure provisions of ORS 83.010 to 83.680 and 83.990 shall not apply to any motor vehicle dealer or retail seller entering into a...
• 83.813   Exemption from certain disclosure requirements for assignee of retail installment contract.
  (1) The disclosure provisions of ORS 83.010 to 83.680 and 83.990 shall not apply to the assignee of any retail installment contract when: (a) The...
• 83.820   Consumer paper; negotiability; exception; rights and liabilities of assignees.
  (1) In any contract for the sale or lease of motor vehicles on any form of credit, or of consumer goods or services on credit,...
• 83.830   [1971 c.744 §3; 1973 c.350 §1; 1981 c.573 §3; 1983 c.739 §1; 1987 c.479 §1; repealed by 1999 c.240 §1]
• 83.840   [1971 c.744 §4; 1973 c.350 §2; 1981 c.573 §4; 1983 c.739 §2; 1987 c.479 §2; repealed by 1999 c.240 §1]
• 83.850   Definitions for ORS 83.850 and 83.860.
  As used in ORS 83.850 and 83.860: (1) “Financing agency,” “motor vehicle dealer,” “retail lease,” “retail lessee” and “retail lessor” have the meanings given those...
• 83.860   Applicability of claims and defenses of borrower or lessee when loan made or lease funded in close connection with sale or retail lease.
  (1) If a lender makes a loan in close connection with the sale of goods or motor vehicles, the lender is subject to all claims...
• 83.875   Definitions for ORS 83.875, 83.880, 83.890 and 83.895.
  As used in ORS 83.875, 83.880, 83.890 and 83.895: (1) “Goods” has the meaning for that term provided in ORS 83.010. (2) “Motor vehicles” means...
• 83.880   Sale of motor vehicles, goods or services as time sale rather than loan.
  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...
• 83.885   Sale of motor vehicles, personal property or services for business or commercial purposes as time sale rather than loan.
  A retail installment contract for the sale of motor vehicles, other personal property or services purchased primarily for business or commercial purposes, which discloses both...
• 83.890   Notice required in contract when seller intends to transfer contract.
  (1) If the seller intends to transfer the retail installment contract to a holder, who has agreed with the seller to collect payments directly from...
• 83.895   Effect of seller’s failure to provide notice.
  Any seller who violates ORS 83.890 shall be subject to the provisions contained in ORS 83.170. [1977 c.274 §4] PENALTIES
• 83.990   Penalties.
  (1) Any person who violates any provision of ORS 83.510 to 83.680 commits a Class A violation. (2) A willful violation of ORS 83.520 to...

Last modified: August 7, 2008