2017 ORS 646A.100¹
Definitions for ORS 646A.100 to 646A.110

As used in ORS 646A.100 (Definitions for ORS 646A.100 to 646A.110) to 646A.110 (Applicability of ORS 646A.100 to 646A.110 and 646A.112):

(1) “Affiliated business” means a business or business location that is directly or indirectly controlled by, or under common control with, the business location listed in a notice of intent or that has a common ownership interest in the merchandise to be sold at the business location listed in the notice of intent.

(2)(a) “Going out of business sale” means a sale or auction advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business, including but not limited to a sale or auction advertised or held out to the public as a “going out of business sale,” a “closing out sale,” a “quitting business sale,” a “loss of lease sale,” a “must vacate sale,” a “liquidation sale,” a “bankruptcy sale,” a “sale to prevent bankruptcy” or another description that suggests a price reduction in anticipation of the imminent closure of the business.

(b) “Going out of business sale” does not include a sale conducted by a bankruptcy trustee or a court-appointed receiver.

(3) “Merchandise” means goods, wares or other property or services.

(4) “Notice of intent” means a public notice with the information specified in ORS 646A.104 (Information required in notice of intent) from a person that intends to conduct a going out of business sale.

(5) “Person” has the meaning given that term in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652). [2007 c.820 §1; 2015 c.277 §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.