ORS 83.850
Definitions for ORS 83.850 and 83.860


As used in ORS 83.850 (Definitions for ORS 83.850 and 83.860) and 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):

(1)

“Financing agency,” “motor vehicle dealer,” “retail lease,” “retail lessee” and “retail lessor” have the meanings given those terms in ORS 83.510 (Definitions for ORS 83.510 to 83.680).

(2)

“Goods” has the meaning for that term provided in ORS 83.010 (Definitions for ORS 83.010 to 83.190).

(3)

“Motor vehicle” means a motor vehicle as defined in ORS 83.510 (Definitions for ORS 83.510 to 83.680) purchased primarily for personal, family or household purposes and not primarily for business or commercial purposes.

(4)

A loan is made “in close connection with a sale of goods or motor vehicles” if:

(a)

The lender directly or indirectly controls, is controlled by or is under common control with the seller or motor vehicle dealer, unless the relationship is remote and is not a factor in the transaction;

(b)

The lender gives a commission, rebate or credit in any form to a seller or motor vehicle dealer who refers the borrower to the lender, other than payment of the proceeds of the loan jointly to the seller or motor vehicle dealer and the borrower;

(c)

The lender is related to the seller or motor vehicle dealer by blood or marriage;

(d)

The seller or motor vehicle dealer directly and materially assists the buyer in obtaining the loan;

(e)

The seller or motor vehicle dealer prepares documents that are given to the lender and used in connection with the loan; or

(f)

The lender supplies documents to the seller or motor vehicle dealer used by the consumer in obtaining the loan.

(5)

A lease is made or funded “in close connection with a retail lease of a motor vehicle” if:

(a)

The retail lessor or financing agency directly or indirectly controls, is controlled by or is under common control of the motor vehicle dealer supplying the vehicle to the retail lessee, unless the relationship is remote and is not a factor in the transaction;

(b)

The retail lessor or financing agency gives a commission, rebate, financing reserve or credit in any form to a motor vehicle dealer who refers the retail lessee to the retail lessor or financing agency, other than payment of the proceeds of the lease;

(c)

The retail lessor or financing agency is related to the motor vehicle dealer by blood or marriage;

(d)

The motor vehicle dealer directly or materially assists the retail lessee in obtaining the lease;

(e)

The motor vehicle dealer prepares documents that are given to the retail lessor or financing agency and used in connection with the lease; or

(f)

The retail lessor or financing agency supplies documents to the motor vehicle dealer used by the retail lessee in obtaining the lease.

(6)

Credit extended pursuant to a credit card issued by a lender is not a loan “in close connection with a sale of goods or motor vehicles” or a loan “in close connection with a retail lease of a motor vehicle” unless the credit card is issued contemporaneously with the extension of the credit. [1973 c.626 §1; 2001 c.117 §3]

Source: Section 83.850 — Definitions for ORS 83.850 and 83.860, 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
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