ORS 83.620
Voluntary prepayment by buyer

  • refund

(1)

Notwithstanding the provisions of a retail installment contract to the contrary, the buyer may pay in full at any time before maturity the obligation contained in the retail installment contract. Upon the premature payment, the buyer shall receive a refund credit. The amount of the refund credit shall not be less than the total finance charge to maturity provided for in the contract, less the greater of:

(a)

Ten percent of the amount financed or $75, whichever is less; or

(b)

Either of the following, at the discretion of the motor vehicle dealer or holder:

(A)

The finance charge earned to the date of prepayment, computed by applying the effective rate on the contract to the actual principal balances outstanding, for the periods of time such balances were actually outstanding. In determining the effective rate, the holder may apply to the scheduled payments the actuarial method by which each scheduled payment is applied first to the accrued and unpaid finance charges and any amount remaining is applied to the reduction of the principal balance.

(B)

The finance charge earned to the installment due date nearest the date of prepayment, computed by applying the effective rate on the contract to the actual principal balances outstanding, for the periods of time the balances were actually outstanding. For purposes of rebate computations under this subparagraph, the installment due date preceding the date of prepayment shall be considered to be nearest if prepayment occurs 15 days or less after that installment date. If prepayment occurs more than 15 days after the preceding installment due date, the next succeeding installment due date shall be considered to be nearest to the date of prepayment. In determining the effective rate, the holder may apply to the scheduled payments the actuarial method, by which each scheduled payment is applied first to the accrued and unpaid finance charges and any amount remaining is applied to reduction of the principal balance.

(2)

When the amount of the credit for premature payment is less than $2, no refund need be made.

(3)

This section does not prohibit the holder of a retail installment contract from collecting any charge, cost or fee under ORS 83.590 (Delinquency and collection charges). [1957 c.625 §24; 1977 c.692 §1; 1981 c.910 §2; 1983 c.432 §2; 2001 c.117 §10]

Source: Section 83.620 — Voluntary prepayment by buyer; refund, https://www.­oregonlegislature.­gov/bills_laws/ors/ors083.­html.

83.010
Definitions for ORS 83.010 to 83.190
83.020
Retail installment contract requirements
83.030
Contents of contract
83.040
Subsequent purchases under original contract
83.050
Contracts completed by mail and based on catalog of seller
83.060
Filling blanks
83.070
Delivery of copy of contract to buyer
83.080
Informing buyer of service charge and right to prepay
83.090
Service charge
83.095
Service charge computed by actuarial method
83.100
Extra charges
83.110
Insurance
83.120
Receipts
83.130
Voluntary prepayment by buyer
83.140
Consolidation of purchases with prior contract
83.150
Unenforceable contract provisions
83.160
Waiver of ORS 83.010 to 83.190
83.170
Effect of violation of ORS 83.010 to 83.190 by seller
83.180
Enforcement of ORS 83.010 to 83.190
83.190
Civil penalties
83.510
Definitions for ORS 83.510 to 83.680
83.520
Form and contents of retail installment contract
83.530
Filling blanks
83.540
Delivery of copy of contract to buyer
83.560
Finance charge
83.565
Finance charge computed by actuarial method
83.580
Insurance
83.590
Delinquency and collection charges
83.600
Schedule of payments
83.610
Delivery to buyer of instrument indicating full payment
83.620
Voluntary prepayment by buyer
83.630
Extension of scheduled due date
83.635
Acceptance of retail installment contract by lender
83.650
Effect of negotiation of notes on rights against motor vehicle dealer
83.660
Acceleration provision
83.670
Unenforceable contract provisions
83.680
Waiver of provisions of ORS 83.510 to 83.680
83.710
Definitions for ORS 83.710 to 83.750
83.715
Telephone solicitation sale
83.720
Cancellation of home solicitation sale
83.730
Written agreement or offer to purchase
83.740
Duties of seller upon cancellation of sale or revocation of offer to purchase
83.750
Rights and duties of buyer upon cancellation of sale or revocation of offer to purchase
83.811
Exemption from certain disclosure requirements for motor vehicle dealer or retail seller
83.813
Exemption from certain disclosure requirements for assignee of retail installment contract
83.820
Consumer paper
83.850
Definitions for ORS 83.850 and 83.860
83.860
Applicability of claims and defenses of borrower or lessee when loan made or lease funded in close connection with sale or retail lease
83.875
Definitions for ORS 83.875, 83.880, 83.890 and 83.895
83.880
Sale of motor vehicles, goods or services as time sale rather than loan
83.885
Sale of motor vehicles, personal property or services for business or commercial purposes as time sale rather than loan
83.890
Notice required in contract when seller intends to transfer contract
83.895
Effect of seller’s failure to provide notice
83.990
Penalties
Green check means up to date. Up to date