ORS 646.648¹
Unlawful practice by manufactured dwelling dealer

(1) As used in this section:

(a) "Buyer" means a person who buys or agrees to buy a manufactured dwelling from a manufactured dwelling dealer.

(b) "Cash sale price" means the price for which a manufactured dwelling dealer would sell to a buyer, and the buyer would buy from a dealer, a manufactured dwelling that is covered by a purchase agreement, if the sale were a sale for cash instead of a retail installment sale.

(c) "Manufactured dwelling" has the meaning given that term 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).

(d) "Manufactured dwelling dealer" means a person licensed under ORS 446.691 (Issuance of dealer license) or 446.696 (Renewal of dealer license) or a temporary manufactured structure dealer licensee under ORS 446.701 (Issuance of temporary manufactured structure dealer license).

(e) "Retail installment sale" has the meaning given that term in ORS 83.510 (Definitions for ORS 83.510 to 83.680).

(2) A manufactured dwelling dealer engages in an unlawful practice when, in a sale of a manufactured dwelling, the dealer does any of the following:

(a) Misrepresents to a buyer that, as a condition of financing, the buyer must purchase:

(A) Credit life insurance;

(B) Credit disability insurance;

(C) Credit unemployment insurance;

(D) Credit property insurance;

(E) Health insurance;

(F) Life insurance; or

(G) An extended warranty.

(b) In close connection with the sale, misrepresents to a lender:

(A) The cash sale price;

(B) The amount of the buyer’s down payment; or

(C) The buyer’s credit or employment history. [2001 c.917 §1; 2003 c.655 §82]

Note: Sections 2 and 14, chapter 658, Oregon Laws 2003, provide:

Sec. 2. (1) As used in this section, "facility," "floating home," "landlord," "manufactured dwelling" and "tenant" have the meanings given those terms in ORS 90.100 (Definitions).

(2) A facility landlord engages in an unlawful trade practice when the landlord violates ORS 90.680 (Sale of dwelling or home on rented space) (6) in a sale of a manufactured dwelling or floating home by a tenant to a prospective purchaser who desires to leave the dwelling or home on the rented space and become a tenant.

(3) Notwithstanding ORS 646.638 (Civil action by private party), only a prosecuting attorney may bring an action under ORS 646.605 (Definitions for ORS 646.605 to 646.652) to 646.652 (District attorney's reports to Attorney General) for a violation described in this section. [2003 c.658 §2]

Sec. 14. Section 2, chapter 658, Oregon Laws 2003, is repealed January 2, 2012. [2003 c.658 §14; 2007 c.906 §42]

§§ 646.605 (Definitions for ORS 646.605 to 646.652) to 646.656 (Remedies supplementary to existing statutory or common law remedies)

Notes of Decisions

A complaint which alleges in one count that defendants advertised automobile for sale with intent not to sell it as advertised, in a sec­ond count that there was a failure to disclose advertised price coupled with sale at greater amount sufficiently pleads ac­tion under Act. Sanders v. Francis, 277 Or 593, 561 P2d 1003 (1977)

Plaintiff's purchase of truck to carry on business of hauling freight in order to provide family invest­ment and employ­ment for family member did not fall within pro­vi­sions of Act. Searle v. Exley Express, Inc., 278 Or 535, 564 P2d 1054 (1977)

Amend­ment of defini­tion of "trade" and "commerce" to include "advertising, offering or distributing, whether by sale, rental or otherwise, any real estate, goods or services" does not indicate legislative intent to extend applica­tion of Unfair Trade Practices Act to loans and extensions of credit. Lamm v. Amfac Mortgage Corp., 44 Or App 203, 605 P2d 730 (1980)

There is no require­ment that consumer prove all ele­ments of common law fraud in order to recover damages under Unlawful Trade Practices Act. Raudebaugh v. Ac­tion Pest Control, 59 Or App 166, 650 P2d 1006 (1982)

Plaintiff's allega­tions that defendant escrow company represented that plaintiff would receive security interests on notes from sale of their business did not constitute misrepresenta­tions ac­tionable under Unlawful Trade Practices Act. Samuels v. Key Title Co., 63 Or App 627, 665 P2d 362 (1983), Sup Ct review denied

Law Review Cita­tions

56 OLR 490 (1977); 13 WLJ 455 (1977)

§§ 646.605 (Definitions for ORS 646.605 to 646.652) to 646.652 (District attorney's reports to Attorney General)

Notes of Decisions

Where users of IUDs brought suit against manufacturer on variety of grounds, claiming damages for infertility, private en­force­­ment pro­vi­sion of Oregon Unlawful Trade Practices Act (UTPA) does not provide remedy for per­sonal injuries. Allen v. G.D. Searle and Co., 708 F Supp 1142 (D. Or. 1989)

Law Review Cita­tions

51 OLR 335, 346, 408 (1972); 53 OLR 473-475 (1974)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­646.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­646ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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. Currency Information