Engaging in illegal consignment practices
- • penalty
(1) A manufactured structure dealer commits the crime of engaging in illegal consignment practices if the dealer does any of the following:
(a) Takes a manufactured structure on consignment from a person who is not a licensed dealer and does not have proof that the consignor is the owner of, or a security interest holder in, the structure.
(b) Takes a manufactured structure on consignment from a security interest holder without the security interest holder first completing a repossession action prior to consigning the structure and providing the dealer with proper documentary proof of the repossession action.
(c) Takes a manufactured structure on consignment and does not have the terms of the consignment agreement in writing and provide a copy of the agreement to the consignor, unless the consignor is a security interest holder described in paragraph (b) of this subsection. The agreement must include a provision stating that, if the terms of the agreement are not met, the consignor may file a complaint in writing with the Department of Consumer and Business Services, Salem, Oregon.
(d) Sells a manufactured structure that the dealer has on consignment and does not pay the consignor within 10 days after the sale.
(e) Refuses to allow the department or any duly authorized representative to inspect and audit any records of any separate accounts into which the dealer deposits any funds received or handled by the dealer in the course of business as a dealer from consignment sales of manufactured structures at such times as the department may direct.
(f) Takes any money paid to the dealer in connection with any consignment transaction as part or all of the dealer’s commission or fee until the transaction has been completed or terminated.
(g) Does not make an arrangement with the seller for the disposition of money from a consignment transaction at the time of establishing a consignment agreement.
(h) Sells a manufactured structure that the dealer has taken on consignment without first giving the purchaser the following disclosure in writing:
_________ (Name of Dealer) is selling the following described manufactured structure: _____ (Year) _____ (Make) _____ (Model) _____ (Identification Number) on consignment. Ownership of this manufactured structure is in the name of: _________ (Owner(s) as shown on the ownership document) and the following are listed on the ownership document as security interest holders:
YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED AND THAT THE OWNERSHIP DOCUMENT FOR THE MANUFACTURED STRUCTURE IS TRANSFERRED TO YOU. OTHERWISE, YOU MAY TAKE OWNERSHIP SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS.
(2) Engaging in illegal consignment practices is a Class A misdemeanor. [2003 c.655 §40; 2005 c.22 §323]
Note: See note under 446.661 (Definitions for ORS 446.666 to 446.756).
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