Oregon Law
Law as of Jan 1, 2026
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of retail installment contract 83.530Filling blanks 83.540Delivery of copy of contract to buyer 83.550[1957 c.625 §8; repealed by 1961 c.458 §1] 83.560Finance charge 83.565Finance charge computed by actuarial method; requirements; notice 83.570[1957 c.625 §22; repealed by 1981 c.412 §24] 83.580Insurance 83.590Delinquency and collection charges 83.600Schedule of payments; receipts 83.610Delivery to buyer of instrument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payment; refinance charge 83.635Acceptance of retail installment contract by lender 83.640[1957 c.625 §§10,11; repealed by 1961 c.726 §427] 83.650Effect of negotiation of notes on rights against motor vehicle dealer 83.660Acceleration provision 83.670Unenforceable contract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and duties of buyer upon cancellation of sale or revocation of offer to purchase 83.810[1969 c.392 §2; 1977 c.274 §7; repealed by 1991 c.296 §4] 83.811Exemption from certain disclosure requirements for motor vehicle dealer or retail seller 83.813Exemption from certain disclosure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 83.860 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 and defenses of the borrower that the borrower as buyer has against the seller or motor vehicle dealer arising out of the sale, notwithstanding any agreement to the contrary. However, the lender’s liability to the borrower shall not exceed the amount owing to the lender, exclusive of unearned interest, at the time the claim or defense is asserted.

(2)

If a lender who makes a loan in close connection with a sale of goods or motor vehicles negotiates or assigns any note or other instrument taken as evidence of the obligation of the borrower, the holder of the note or other instrument shall be subject to the claims or defenses of the borrowers set forth in subsection (1) of this section. However, the liability of the holder of the note or other instrument to the borrower shall not exceed the amount owing to the lender exclusive of unearned interest at the time the claim or defense is asserted.

(3)

If a financing agency makes or funds a lease in close connection with a retail lease of a motor vehicle, the financing agency is subject to all claims and defenses that the retail lessee has against the retail lessor arising out of the retail lease, notwithstanding any agreement to the contrary. However, the financing agency’s liability to the retail lessee shall not exceed the amount owing to the financing agency, exclusive of unearned interest, at the time the claim or defense is asserted.

(4)

If a financing agency that makes or funds a loan in close connection with a retail lease of a motor vehicle negotiates or assigns any note or other instrument taken as evidence of the obligation of the retail lessee, the holder of the note or other instrument shall be subject to the claims or defenses of a retail lessee set forth in subsection (3) of this section. However, the liability of the holder of the note or other instrument to a retail lessee shall not exceed the amount owing to the financing agency exclusive of unearned interest at the time the claim or defense is asserted.

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2026-01-01

2025 Oregon Revised Statutes — official online source