Exceptions to prohibition against unlicensed dealer activity
ORS 446.671 (Acting as manufactured structure dealer without license) does not apply to the following manufactured structures or persons:
(1) A unit of government or a public or private utility.
(2) The owner of a manufactured structure, as shown by a document evidencing ownership issued by any jurisdiction if the person owned the manufactured structure for personal, family or household purposes. If the person sells, trades, displays or offers for sale, trade or exchange two or more manufactured structures during a calendar year, the person has the burden of proving that the person owned the structures primarily for personal, family or household purposes.
(3) A conservator, receiver, trustee, personal representative or public officer while performing any official duties. The exemption provided by this subsection applies to actions taken for the purposes of winding up the affairs of a manufactured structure dealer or dealership and not to the continuing operation of a dealership.
(4) A real estate licensee representing a buyer or seller in a transaction involving real property under ORS 308.875 (Manufactured structures classified as real or personal property) or a manufactured structure that is recorded in the deed records of a county.
(5) An escrow agent making an application for an ownership document as described under ORS 446.591 (Exception to requirement for submitting information) (5).
(6) The security interest holder of a manufactured structure as shown by a document evidencing ownership issued by any jurisdiction.
(7) The sale of a manufactured structure by the manufacturer to a manufactured structure dealer. However, a manufacturer must obtain a manufactured structure dealer license under ORS 446.691 (Issuance of dealer license) in order to sell manufactured structures to retail customers.
(8) An insurance adjuster authorized to do business under ORS 744.505 (Adjuster license required) or 744.515 (Exemptions from adjuster licensing requirement) who is disposing of a manufactured structure for salvage.
(9) A person who sells or trades or offers to sell or trade a manufactured structure that has been used in the operation of the person’s business unless the person’s business is the buying, selling, brokering, trading or exchanging of manufactured structures, displaying new or used manufactured structures for sale or acting as agent for an owner selling a manufactured structure or for a person interested in buying a manufactured structure.
(10) A person who is licensed as a manufactured structure dealer in another jurisdiction and is participating in a temporary exhibition of manufactured structures, if the exhibition includes at least two other manufactured structure dealers licensed in this state or another jurisdiction, lasts 10 days or less and charges admission to the public. An exemption may be claimed under this subsection for a total of not more than 10 days during a calendar year.
(11) A person who receives no money, goods or services, either directly or indirectly, for displaying a manufactured structure or acting as an agent in the selling or buying of a manufactured structure.
(12) A manufactured dwelling park or mobile home park owner that consigns a manufactured structure for sale by a licensed manufactured structure dealer.
(13) The sale of an abandoned manufactured dwelling by a manufactured dwelling park owner pursuant to ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10) if the park owner makes a reasonable effort to transfer the title for the manufactured dwelling to the purchaser.
(14) A licensed real estate broker acting in the employ of, on behalf of or under the supervision of an individual who is both a licensed principal real estate broker and a licensed manufactured structure dealer.
(15) A financial institution or trust company acting as attorney in fact under a duly executed power of attorney from the owner or purchaser authorizing the selling, leasing or exchanging of the owner’s or purchaser’s assets. As used in this subsection, “financial institution” and “trust company” have the meanings given those terms in ORS 706.008 (Additional definitions for Bank Act). [2003 c.655 §27; 2007 c.319 §29]
Note: See note under 446.661 (Definitions for ORS 446.661 to 446.756).
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.