2017 ORS 646A.102¹
Notice of intent to conduct going out of business sale
  • display and filing
  • exceptions
  • prohibited activities

(1) Except as provided in subsection (3) of this section, a person may not sell, offer for sale or advertise for sale merchandise at a going out of business sale unless the person displays a notice of intent at the business location where the person intends to conduct the going out of business sale.

(2) A person must display the notice of intent in a prominent place on the premises of the business location where the person is conducting the going out of business sale.

(3) If a person is conducting a going out of business sale as part of a bankruptcy, receivership or other court-ordered action,

the person, in lieu of displaying a notice of intent, shall display the court order or judgment that ordered the sale in a prominent place on the premises of the business location where the person is conducting the going out of business sale.

(4) A person may not:

(a) Conduct a going out of business sale for more than 90 days from the beginning date of the sale that is listed on the notice of intent.

(b) Continue to conduct a going out of business sale beyond the ending date that is listed on the notice of intent.

(5) A person who has conducted a going out of business sale may not conduct another going out of business sale for a period of one year after the ending date of the sale that is listed on the notice of intent. [2007 c.820 §2; 2015 c.277 §2]

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.