2017 ORS 646A.092¹
Advertisements for sale or lease of motor vehicle
  • exceptions

(1) As used in this section:

(a) “Advertisement” means any public notice or announcement of a motor vehicle for sale or lease.

(b) “Motor vehicle” has the meaning given that term in ORS 801.360 (“Motor vehicle”), except that “motor vehicle” does not include commercial vehicles, as defined in ORS 801.210 (“Commercial vehicle”), or commercial motor vehicles, as defined in ORS 801.208 (“Commercial motor vehicle”).

(c) “Seller” means a person that is engaged in the business of selling or leasing motor vehicles.

(d) “Trade publication” means a motor vehicle price guide that is nationally recognized and distributed.

(2) An advertisement for the sale or lease of a motor vehicle may not claim that a seller will value property being offered in exchange for payment toward the motor vehicle:

(a) At a specific amount;

(b) Within a range of specified amounts;

(c) At a guaranteed minimum amount; or

(d) As a multiple of or an increase in trade-in allowance.

(3) This section does not apply to an advertisement for a used motor vehicle that:

(a) References a value cited in a trade publication that is not published by the seller and that is readily accessible by the public;

(b) Clearly and conspicuously discloses the name of the trade publication being referenced;

(c) Clearly and conspicuously includes the following disclaimer in at least 10-point bold type: “THE VALUE OF USED MOTOR VEHICLES VARIES WITH MILEAGE, USAGE, INCLUDED ACCESSORIES AND CONDITION. BOOK VALUES SHOULD BE CONSIDERED ESTIMATES ONLY.”; and

(d) If the publisher of the trade publication publishes and distributes separate issues for specific geographic regions, references the value cited for the geographic region in which the motor vehicle is being offered for sale. [2011 c.57 §1]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.