Or. Admin. Code § 137-020-0550

Current through Register Vol. 63, No. 11, November 1, 2024

Section 137-020-0550 - Manufactured Dwelling Purchase Agreement; List of Regulating Agencies

(1) The purchase agreement used by the manufactured dwelling dealer shall include the base price and a written itemization that clearly and conspicuously discloses the retail prices of the following, if not included in the base price:

(a) Manufactured dwelling options ordered by the buyer;

(b) Alterations and upgrades to the manufactured dwelling made by the dealer or by a third party at the request of the dealer;

(c) Improvements provided by the dealer, or by a third party at the request of the dealer, to the extent known to the dealer at the time of sale. The written itemization of improvements under this paragraph excuses the provider making the improvements from compliance with ORS 90.518(1) (2001 OL Ch. 282 §4(1));

OFFICIAL COMMENTARY: The provider of the improvements (contractor) may itemize the retail price for each listed improvement, or may itemize each improvement and include the total retail price for all improvements for which the provider contracts.

(d) Goods and services provided by the dealer, or by a third party at the request of the dealer, that are not otherwise disclosed pursuant to this rule;

(e) The amount of any earnest money paid to or collected by the dealer and the circumstances under which the earnest money may be returned to the buyer;

(f) The separate itemization and amount of each refundable or nonrefundable administrative or processing fee paid to or collected by the dealer and the circumstances under which each of the fees may be refunded to the buyer;

(g) All loan fees and credit report fees paid to or collected by the dealer to obtain financing for the buyer's purchase of the manufactured dwelling and the circumstances under which the fees may be returned to the buyer;

(h) Registration and other charges paid to or collected by the dealer for transferring title to the manufactured dwelling, which may include the payment of county property taxes;

(i) The extended warranty contract or service agreement, if any;

(j) Delivery, installation or site access charges provided by the dealer, or by a third party at the request of the dealer, that are not otherwise disclosed pursuant to this rule, if any; and

(k) If any additional costs are required for the delivery, installation or site access of a manufactured dwelling, the purchase agreement shall contain a notice that the buyer is responsible for the costs.

OFFICIAL COMMENTARY: In addition to listing the base price, the dealer should also include a list of any options, upgrades or alterations that are included in the base price.

(2) The purchase agreement shall also include the following information:

(a) The buyer's name, phone number and address;

(b) The dealer's name, the dealer's vehicle dealer certificate number issued by the Driver and Motor Vehicles Division of the Department of Transportation ("DMV") under ORS chapter 822, phone number, fax number and the name of the salesperson(s), if different than the dealer;

(c) Information that identifies and describes the manufactured dwelling including, but not limited to:

(A) Approximate date of manufacture;

(B) Make;

(C) Model and year;

(D) Serial number, if known at the time of sale;

(E) Whether the manufactured dwelling is new or used; and

(F) Approximate floor area (as defined by OAR 137-020-0505); and

(d) The delivery site for the manufactured dwelling.

(3) The manufactured dwelling dealer shall attach to each purchase agreement a list of governmental consumer protection agencies having jurisdiction over manufactured dwelling issues. The purchase agreement must contain an acknowledgement signed or initialed by the buyer indicating the buyer has received the list. The list shall be developed by the Department of Justice and made available to all dealers. The list is informational only and does not constitute legal advice. Failure by the dealer to provide the list of agencies to the buyer is an unlawful practice under ORS 646.608(1)(yy).

(4) The dealer shall give a signed copy of the purchase agreement to the buyer and shall retain a signed copy in the dealer's files for not less than seven (7) years from the date of sale. If the dealer arranges financing, the dealer shall give a signed copy of the purchase agreement to the party that makes the loan for the purchase.

(5) The dealer may use the Purchase Agreement form contained in this rule and include it as part of the dealer's sales contract. The dealer's use of this form shall be deemed to comply with this rule. If an alternate form is used by the dealer, it must comply with the requirements of this rule.

(6) Except as provided in ORS 41.740, the purchase agreement shall contain all of the terms of the contract between the buyer and the manufactured dwelling dealer. No evidence of the terms of the contract may be presented other than the contents of the purchase agreement. As used in this rule, "contract" does not include a retail installment contract or loan agreement entered into as part of the purchase transaction.

(7) The purchase agreement shall contain a notice to the buyer that:

(a) The purchase agreement is a contract between the manufactured dwelling dealer and the buyer;

(b) The purchase agreement, together with all other written terms and conditions of the sale, represents a complete and full statement of the terms of the agreement;

(c) No other terms of the agreement may be presented other than the contents of the purchase agreement and any addenda thereto; and

(d) Any oral promise or other agreement that is not set forth in the purchase agreement may not be legally enforceable.

(8) The disclosures required by this rule shall be clear and conspicuous.

(9) Nothing in this rule relieves the dealer from disclosing all other terms and conditions required by law.

(10) Failure of the dealer to use a purchase agreement form that complies with this rule is an unlawful practice under ORS 646.608(1)(yy). [Form not included. See ED. NOTE.]

Or. Admin. Code § 137-020-0550

DOJ 2-2002, f. & cert. ef. 4-15-02

Forms referenced in this rule are available from the agency.

Stat. Auth.: ORS 180.520(1)(c) & ORS 646.404 (2001 OL ch. 969 §3)

Stats. Implemented: ORS 646.400 to ORS 646.404 (2001 OL ch. 969) & ORS 646.608(1)(yy)