Oregon Statutes 83.710 – Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750
(1) As used in ORS § 83.710 to 83.750:
Terms Used In Oregon Statutes 83.710
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
(a) A transaction is a ‘home solicitation sale’ if:
(A) It is a sale, lease or rental of goods or services, as defined in ORS § 83.010;
(B) The seller or the seller’s representative personally solicits the sale, lease or rental, including a sale, lease or rental in response to or following an invitation by the buyer; and
(C) The buyer’s written agreement or offer to purchase is made at a place other than the place of business of the seller. As used in this subparagraph, ‘a place other than the place of business of the seller’ means a place that is not the seller’s main or permanent branch office or permanent local address and includes but is not limited to the residence or workplace of the buyer and facilities rented by the seller on a temporary or short-term basis, such as a hotel or motel room, restaurant or dormitory lounge.
(b) A transaction is a ‘telephone solicitation sale’ if:
(A) The seller or person acting for the seller engages in a solicitation conducted by telephone to a residence;
(B) The transaction is initiated by the seller or person acting for the seller and is in no way solicited by the buyer;
(C) The buyer’s agreement or offer to purchase is given over the telephone to the seller or person acting for the seller; and
(D) There is no personal contact between the buyer and the seller or person acting for the seller prior to delivery of goods or performance of services.
(c) ‘Business day’ does not include a Saturday, Sunday or legal holiday.
(2) The provisions of ORS § 83.710 to 83.750 relating to home solicitation sales do not apply to:
(a) A sale made pursuant to a preexisting revolving charge account unless the sale is made at the residence of the buyer;
(b) The activities of a financial institution as defined in 15 U.S.C. § 6827;
(c) A contract in writing for the sale or lease of a house or business property or the construction of a new house or business property;
(d) A sale made pursuant to prior business negotiations relevant to the sale between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale;
(e) A sale for cash or check in the amount of less than $25;
(f) A sale of insurance, farm equipment or motor vehicles;
(g) A sale of arts and crafts at a fair;
(h) A sale made at an event conducted under and governed by ORS Chapter 565; or
(i) Except as provided in subsection (3) of this section, a transaction in which the buyer initiated the contact and specifically requested that the seller come to the buyer’s home for the purpose of repairing or performing maintenance on the buyer’s personal property.
(3) The provisions of ORS § 83.710 to 83.750 apply to a sale under subsection (2)(i) of this section if the seller, while at the home of the buyer to repair or perform maintenance on the buyer’s personal property at the request of the buyer, sells the buyer the right to receive additional goods or services other than replacement parts necessary to perform the maintenance or to make the repairs on the buyer’s personal property.
(4) The provisions of ORS § 83.710 to 83.750 relating to telephone solicitation sales apply only to a sale of periodicals, magazines or any other reading material with or without illustrations that the buyer is to receive at fixed intervals and do not apply to sales of newspaper subscriptions or advertising and sales in which the buyer is offered reasonable opportunity to preview and return reading material without contractual obligation. [1971 c.744 § 21(1); 1977 c.170 § 1; 1979 c.503 § 1; 2005 c.223 § 1]