2011 ORS § 92.325¹
Application of ORS 92.305 to 92.495

(1) Except as provided in subsection (2) of this section, no person shall sell or lease any subdivided lands or series partitioned lands without having complied with all the applicable provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order).

(2) With respect to a developer, chapter 643, Oregon Laws 1975, applies only to a developer who acquires a lot, parcel or interest in a subdivision or series partition for which a public report has been issued after September 13, 1975, and a developer who acquires a lot or parcel in a subdivision for which a revised public report has been issued under ORS 92.410 (Review of subdivisions for which public report issued).

(3) Except as otherwise provided in paragraph (g) of this subsection, ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) do not apply to the sale or leasing of:

(a) Apartments or similar space within an apartment building;

(b) Cemetery lots, parcels or units in Oregon;

(c) Subdivided lands and series partitioned lands in Oregon that are not in unit ownership or being developed as unit ownerships created under ORS chapter 100, to be used for residential purposes and that qualify under ORS 92.337 (Exemption procedures);

(d) Property submitted to the provisions of ORS chapter 100;

(e) Subdivided lands and series partitioned lands in Oregon expressly zoned for and limited in use to nonresidential industrial or nonresidential commercial purposes;

(f) Lands in this state sold by lots or parcels of not less than 160 acres each;

(g) Timeshares regulated or otherwise exempt under ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation);

(h) Subdivided and series partitioned lands in a city or county which, at the time tentative approval of a subdivision plat and each partition map for those lands is given under ORS 92.040 (Application for approval of subdivision or partition) or an ordinance adopted under ORS 92.046 (Adoption of regulations governing approval of partitioning of land), has a comprehensive plan and implementing ordinances that have been acknowledged under ORS 197.251 (Compliance acknowledgment). The subdivider or series partitioner of such lands shall comply with ORS 92.425 (Conditions prerequisite to sale), 92.427 (Cancellation of agreement to buy interest in subdivision or series partition), 92.430 (Notice to purchaser of cancellation rights), 92.433 (Escrow documents required of successor to vendors interest), 92.460 (Blanket encumbrance permitted only in certain circumstances) and 92.485 (Waiver of legal rights void) in the sale or leasing of such lands; or

(i) Mobile home or manufactured dwelling parks, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227), located in Oregon. [1974 c.1 §2a; 1975 c.643 §19; 1977 c.484 §31; 1977 c.809 §2a; 1979 c.242 §1; 1983 c.530 §47; 1983 c.570 §8; 1985 c.371 §1; 1987 c.414 §144a; 1991 c.763 §22; 2005 c.22 §73]

Note: Legislative Counsel has substituted chapter 643, Oregon Laws 1975, for the words this 1975 Act in section 19, chapter 643, Oregon Laws 1975, which amended 92.325 (Application of ORS 92.305 to 92.495). Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication). These sections may be determined by referring to the 1975 Comparative Section Table located in Volume 20 of ORS.