Oregon Law
Law as of Jan 1, 2024
Chapter contents
83.010Definitions for ORS 83.010 to 83.190 83.020Retail installment contract requirements; exceptions 83.030Contents of contract 83.040Subsequent purchases under original contract 83.050Contracts completed by mail and based on catalog of seller 83.060Filling blanks 83.070Delivery of copy of contract to buyer 83.080Informing buyer of service charge and right to prepay; monthly statement 83.090Service charge; other fees 83.095Service charge computed by actuarial method 83.100Extra charges; miscellaneous provisions of contract 83.110Insurance 83.120Receipts; schedule of payments 83.130Voluntary prepayment by buyer; refund 83.140Consolidation of purchases with prior contract 83.150Unenforceable contract provisions 83.160Waiver of ORS 83.010 to 83.190 83.170Effect of violation of ORS 83.010 to 83.190 by seller 83.180Enforcement of ORS 83.010 to 83.190 83.190Civil penalties 83.510Definitions for ORS 83.510 to 83.680 83.520Form and contents of retail installment contract 83.530Filling blanks 83.540Delivery of copy of contract to buyer 83.550[1957 c.625 §8; repealed by 1961 c.458 §1] 83.560Finance charge 83.565Finance charge computed by actuarial method; requirements; notice 83.570[1957 c.625 §22; repealed by 1981 c.412 §24] 83.580Insurance 83.590Delinquency and collection charges 83.600Schedule of payments; receipts 83.610Delivery to buyer of instrument indicating full payment; release of security 83.620Voluntary prepayment by buyer; refund 83.630Extension of scheduled due date; deferment of scheduled payment; refinance charge 83.635Acceptance of retail installment contract by lender 83.640[1957 c.625 §§10,11; repealed by 1961 c.726 §427] 83.650Effect of negotiation of notes on rights against motor vehicle dealer 83.660Acceleration provision 83.670Unenforceable contract provisions 83.680Waiver of provisions of ORS 83.510 to 83.680 83.710Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750 83.715Telephone solicitation sale; contract; contents 83.720Cancellation of home solicitation sale; notice; exception 83.730Written agreement or offer to purchase; contents; notice of buyer’s right to cancel; form 83.740Duties of seller upon cancellation of sale or revocation of offer to purchase 83.750Rights and duties of buyer upon cancellation of sale or revocation of offer to purchase 83.810[1969 c.392 §2; 1977 c.274 §7; repealed by 1991 c.296 §4] 83.811Exemption from certain disclosure requirements for motor vehicle dealer or retail seller 83.813Exemption from certain disclosure requirements for assignee of retail installment contract 83.820Consumer paper; negotiability; exception; rights and liabilities of assignees 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] 83.850Definitions for ORS 83.850 and 83.860 83.860Applicability of claims and defenses of borrower or lessee when loan made or lease funded in close connection with sale or retail lease 83.875Definitions for ORS 83.875, 83.880, 83.890 and 83.895 83.880Sale of motor vehicles, goods or services as time sale rather than loan 83.885Sale of motor vehicles, personal property or services for business or commercial purposes as time sale rather than loan 83.890Notice required in contract when seller intends to transfer contract 83.895Effect of seller’s failure to provide notice 83.990Penalties

Chapter 83 — Retail Installment Contracts

ORS 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 will cut off as against third parties any right of action or defense which the buyer may have against the motor vehicle dealer.

(2)

The rights of a holder in due course of any negotiable instrument executed contrary to subsection (1) of this section are not impaired by reason of the violation of subsection

(1)

of this section, but the buyer may bring an action against the motor vehicle dealer for the recovery of any loss or expense incurred by reason of the violation of subsection

(1)

of this section. The buyer’s action may be joined with any other right of action the buyer has against the motor vehicle dealer arising out of the installment sale. The court may award reasonable attorney fees to the prevailing party in an action under this section.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.