2007 ORS 446.706¹
Limited manufactured structure dealer
  • licensing

(1) A person who holds a limited manufactured structure dealer license issued under this section may sell during a calendar year up to 10 manufactured dwellings located at a manufactured dwelling park identified in the license. The manufactured dwellings sold under a limited manufactured structure dealer license must be dwellings that:

(a) Have been abandoned as described in ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) at any manufactured dwelling park. If the manufactured dwelling is not subject to sale by the limited manufactured structure dealer under ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10), the dealer must have the certificate of title or registration for the dwelling transferred to the dealer prior to offering the dwelling for sale; or

(b) Have been purchased by the park owner from a person holding title, and at the time of purchase by the park owner, were sited in the manufactured dwelling park identified in the license.

(2) Notwithstanding ORS 90.525 (Unreasonable conditions of rental or occupancy prohibited), if a limited manufactured structure dealer sells a manufactured dwelling that was abandoned at a manufactured dwelling park other than the park where the dwelling is being sold, the sale terms for the manufactured dwelling must require that the dwelling is to be sited under a rental agreement at the park where sold for at least 12 months following the sale.

(3) Except as provided in ORS 446.741 (Suspension, revocation or cancellation of license), the Department of Consumer and Business Services shall issue a limited manufactured structure dealer license to a person if the person:

(a) Owns or operates a manufactured dwelling park 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);

(b) Submits a completed application for a limited manufactured structure dealer license in a form approved by the department;

(c) Delivers to the department a bond or letter of credit that meets the requirements under ORS 446.726 (Bond or letter of credit requirements), except that the bond or letter of credit must be in the sum of $15,000 for each year that the license is valid;

(d) Is 18 years of age or older or is legally emancipated; and

(e) Pays the fee specified in ORS 446.721 (License fees) for issuance of a limited manufactured structure dealer license.

(4) If the person is a firm or partnership, the application for a limited manufactured structure dealer license must include the names and residence addresses of the members of the firm or partnership. If the person is a corporation, the application must include the names of the principal officers of the corporation and their residence addresses and the name of the state under whose laws the corporation is organized. If the person is the owner of a manufactured dwelling park, the person may submit a joint application on behalf of the person and a named park operator employed by the person. If the person is the operator of a manufactured dwelling park, the application must include the name and signature of the park owner.

(5) A limited manufactured structure dealer license is valid for use at a single manufactured dwelling park. The manufactured dwelling park location must be specified in the license application. A limited manufactured structure dealer may not employ a salesperson.

(6) A limited manufactured structure dealer license is valid for two years, but the department may adjust the term of an initial license for the purpose of establishing uniform expiration dates.

(7) Notwithstanding subsection (6) of this section, the limited manufactured structure dealer license for the person expires immediately if the person ceases to be an operator or owner of the manufactured dwelling park at which the license may be used. The owner of a manufactured dwelling park shall immediately notify the department if a person licensed under this section ceases to be an owner or operator of a manufactured dwelling park at which the license may be used.

(8) Notwithstanding subsections (6) and (7) of this section, if a licensed person ceases to be an operator of the manufactured dwelling park, the park owner may apply to have a corrected license issued to a new operator employed by the owner. A corrected license issued under this subsection is valid for the unexpired portion of the original license term. The department shall charge the fee specified in ORS 446.721 (License fees) for issuing a corrected license.

(9) A limited manufactured structure dealer may renew a license as provided by the department. The department shall renew a license only if the dealer:

(a) Submits a completed application for renewal in a form approved by the department;

(b) Delivers to the department a bond or letter of credit that meets the requirements described in subsection (3) of this section; and

(c) Pays the fee specified in ORS 446.721 (License fees) for renewal of a limited manufactured structure dealer license. [2003 c.655 §29b]

Note: See note under 446.661 (Definitions for ORS 446.666 to 446.756).

1 Legislative Counsel Committee, CHAPTER 446—Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­446.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.