ORS 822.060
Illegal consignment practices

  • exception
  • penalty
  • rules

(1)

Except as provided in subsection (2) of this section, a person who holds a vehicle dealer certificate issued or renewed under ORS 822.020 (Issuance of certificate) or 822.040 (Privileges granted by certificate) commits the offense of illegal consignment practices if the person does any of the following:

(a)

Takes a vehicle on consignment from a person who does not hold a vehicle dealer certificate issued or renewed under ORS 822.020 (Issuance of certificate) or 822.040 (Privileges granted by certificate), or who is not licensed as a vehicle dealer in another jurisdiction, and who does not have proof that the consignor is the registered owner, a security interest holder or lessor of the vehicle.

(b)

Takes a vehicle on consignment from a security interest holder without the security interest holder first completing a repossession action prior to consigning the vehicle and providing the dealer with proper documentary proof of the repossession action.

(c)

Takes a vehicle on consignment and does not have the terms of the consignment agreement in writing and provide a copy of the agreement to the consignor. The agreement shall include a provision stating that if the terms of the agreement are not met, the consignor may file a complaint in writing with the Department of Transportation, Salem, Oregon.

(d)

Sells a vehicle that the dealer has on consignment and does not pay the consignor within 10 days of the sale.

(e)

Sells a vehicle that the dealer has on consignment and does not either provide the purchaser with a certificate of title to the vehicle or with other primary ownership records in the form of documents or apply to the department in the purchaser’s name for title to the vehicle within 30 days of the sale in a manner provided by the department by rule.

(f)

Does not allow the department or any duly authorized representative to inspect and audit any records of any separate accounts into which the dealer deposits any funds received or handled by the dealer or in the course of business as a dealer from consignment sale of vehicles at such times as the department may direct.

(g)

Takes any part of any money paid to the dealer in connection with any consignment transaction as part or all of the dealer’s commission or fee until the transaction has been completed or terminated.

(h)

Does not make arrangement for the disposition of money from a consignment transaction with the seller at the time of establishing a consignment agreement.

(i)

Sells a vehicle that the dealer has taken on consignment without first giving the purchaser the following disclosure in writing:

__________________ (Name of Dealer) is selling the following described vehicle: ______ (Year) ______ (Make) ______ (Model) ______ (Vehicle Identification Number) on consignment.
[ ] There is a security interest in this vehicle.
[ ] There is not a security interest in this vehicle.
YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED AND THAT THE TITLE TO THE VEHICLE IS TRANSFERRED TO YOU. OTHERWISE, YOU MAY TAKE TITLE SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS.

(2)

The offense described in this section does not apply if the person takes a vehicle on consignment from an entity other than a retail customer and the person holds a vehicle dealer certificate issued or renewed under ORS 822.020 (Issuance of certificate) or 822.040 (Privileges granted by certificate) and operates a:

(a)

Wholesale vehicle auction company; or

(b)

National auction company whose primary activity in this state is the sale or disposition of totaled vehicles.

(3)

The offense described in this section, illegal consignment practices, is a Class A misdemeanor.

(4)

The department shall adopt rules to carry out the provisions of this section, including but not limited to rules to specify which persons may take and sell vehicles on consignment and to regulate the taking and selling of vehicles on consignment from other jurisdictions. [1985 c.16 §398; 1991 c.873 §46; 1993 c.180 §3; 1993 c.233 §73; 1997 c.834 §2; 2007 c.371 §1; 2009 c.551 §4; 2019 c.346 §1]

Source: Section 822.060 — Illegal consignment practices; exception; penalty; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors822.­html.

822.005
Acting as vehicle dealer without certificate
822.007
Injunction against person acting as vehicle dealer in violation of vehicle code or rule
822.009
Civil penalties for violations of statutes or rules
822.015
Exemptions from vehicle dealer certification requirement
822.020
Issuance of certificate
822.022
Restrictions on issuing certificates
822.025
Application contents
822.027
Education requirements for vehicle dealers
822.030
Bond or letter of credit requirements
822.033
Requirements for certificate of insurance
822.035
Investigation of application
822.040
Privileges granted by certificate
822.042
Procedures for transfer of interest in vehicle by vehicle dealer
822.043
Dealer preparation and submission of documents
822.045
Vehicle dealer offenses
822.046
Vehicle dealer’s duty to inform potential buyer if vehicle used for manufacture of controlled substances
822.047
Brokerage services
822.048
Remedy for failure to submit title
822.050
Revocation, cancellation or suspension of certificate
822.055
Failure to return revoked, canceled or suspended certificate
822.060
Illegal consignment practices
822.065
Violation of consigned vehicle transfer
822.070
Conducting illegal vehicle rebuilding business
822.080
Procedures for civil penalties imposed under ORS 822.009
822.082
“Recreational vehicle service facility” defined
822.083
“Show” defined
822.084
Show license
822.086
New recreational vehicle sales
822.090
Unlawful subleasing of motor vehicle
822.093
Sale of vehicles involving possessory liens
822.094
Transfer by lien claimant
822.100
Conducting a motor vehicle dismantling business without a certificate
822.105
Exemption from certificate requirement
822.110
Dismantler certificate
822.115
Application contents
822.120
Bond or letter of credit requirements
822.125
Privileges granted by certificate
822.130
Inspection of books, records, inventory and premises
822.133
Requirements of dismantler operating motor vehicle dismantling business
822.135
Improperly conducting motor vehicle dismantling business
822.137
Dismantler conduct resulting in civil penalty
822.140
Local government approval requirements
822.145
Imposition of sanctions
822.150
Failure to return revoked, canceled or suspended certificate or identification card
822.200
Operating illegal towing business
822.205
Certificate
822.210
Privileges granted by certificate
822.213
Transporting property for hire
822.215
Grounds for denial, suspension, revocation or refusal of certificate
822.217
Proportional registration for tow vehicles
822.218
Cancellation of identification device for proportionally registered tow vehicle
822.220
Authorization to obstruct traffic
822.225
Failure to remove injurious substance
822.230
City or county regulation of towing businesses
822.235
Recovery after theft
822.250
State Board of Towing
822.255
Chair and vice chair
822.260
Administrative officer for board
822.265
Rulemaking authority
822.270
State Board of Towing Account
822.275
Administration of oaths
822.280
Denial, suspension, revocation or refusal of towing business certificate
822.285
Additional powers of board
822.290
Denial of participation on Department of State Police tow rotation
822.300
Acting as vehicle transporter without certificate
822.305
Exemptions from vehicle transporter certification requirement
822.310
Privileges granted by certificate
822.315
Improper use of vehicle transporter plate
822.325
Failure to return revoked or suspended certificate
822.500
Operating commercial driver training school without certificate
822.505
Commercial driver training school bond
822.510
Proof of insurance
822.515
Certificates
822.520
Failure to return revoked, suspended or canceled commercial driver training school certificate
822.525
Acting as driver training instructor without certificate
822.530
Certificate
822.535
Failure to return revoked or suspended certificate
822.600
Failure of garage to report accident or bullet contact
822.605
False swearing relating to regulation of vehicle related businesses
822.700
Certification fees
822.705
Fee for issuance or renewal of vehicle dealer certificate
822.990
Civil penalties for violations of ORS 822.500 and 822.525
822.992
Civil penalties for violations related to dismantlers
822.995
Civil penalties for violations related to towing
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