Oregon Statutes 446.736 – Transfer of interest by dealer; application information; notice of delay; penalty
(1) Except as provided in subsection (7) of this section, a manufactured structure dealer who transfers an interest in a manufactured structure shall:
Terms Used In Oregon Statutes 446.736
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) Submit to the Department of Consumer and Business Services an application for an ownership document on behalf of the purchaser; or
(b) If the purchase is being financed, submit sufficient information to a lender to allow the lender to make an application to the department for an ownership document.
(2) An application under subsection (1) of this section must be on a form approved by the department and include:
(a) The year, manufacturer’s name, model if available and identification number for the manufactured structure.
(b) Any existing ownership document for the structure or, if none, the manufacturer’s certificate of origin or other document evidencing ownership of the manufactured structure.
(c) The legal description or street address for the proposed situs for the manufactured structure.
(d) The identity of the owner of record for the location where the manufactured structure is being sited or, if the structure is being sited in a facility as defined in ORS § 90.100, the name of the facility.
(e) The name and mailing address of each person acquiring an ownership interest in the manufactured structure.
(f) The name and mailing address of each person acquiring a security interest in the manufactured structure.
(g) Any other information required by the department by rule for processing an application.
(3) If a manufactured structure dealer is unable to comply with subsection (1) of this section, within 25 business days of the transfer the dealer shall provide a notice of delay to the security interest holder next named, if any, and the purchaser. The notice must contain:
(a) The reason for the delay;
(b) The anticipated extent of the delay; and
(c) A statement of the rights and remedies available to the purchaser if the delay becomes unreasonably extended.
(4) A manufactured structure dealer that fails to comply with this section is subject to revocation or suspension of the dealer’s license or being placed on probation by the Department of Consumer and Business Services pursuant to ORS § 446.741. A dealer that fails to comply with subsection (1) of this section within 90 days is subject to criminal penalties under ORS § 446.746 (1)(h).
(5) Notwithstanding subsections (1) and (4) of this section, if a purchaser is not in compliance with the payment terms of a purchase agreement on the 20th calendar day after the transfer, the dealer is not required to perform under subsection (1) of this section until 25 calendar days after the purchaser is in compliance with the payment terms of the purchase agreement. This subsection does not excuse the duty of the dealer under subsection (3) of this section.
(6) This section does not apply to a transfer of interest in a manufactured structure that is subject to an escrow transaction.
(7) This section does not apply to a manufactured structure for which an application is filed under ORS § 446.626 within 25 business days of the transfer. [2003 c.655 § 39; 2007 c.502 § 5]
See note under 446.661.