Or. Admin. Code § 441-446-0210

Current through Register Vol. 64, No. 1, January 1, 2025

Section 441-446-0210 - Dealer Requirements

(1) A dealer shall file all required applications for ownership documents and trip permits, or ensure required applications are completed and filed, in a manner prescribed by the division.

(2) A manufactured structure dealer selling manufactured homes for installation in Oregon, shall present each potential buyer of a new manufactured home with a division standard disclosure statement to read and sign prior to the completion of the sales contract of any new manufactured home. A dealer shall give one copy of the disclosure, signed by the buyer and the dealer, to the buyer and retain one copy in the dealer's files for not less than five years from the date of sale. Copies of signed disclosures shall be made available to the division upon request.

(3) Dealers are required to maintain accurate records for a period of five years. Records required to be maintained include but are not limited to:

(a) A legible copy of any disclosure statement provided to a purchaser;

(b) A legible copy of any trip permit issued by the dealer;

(c) A record of the names and addresses of all contractors retained or hired by the dealer to engage in any aspect of manufactured structure installation or service work and a record identifying the manufactured structures on which each contractor performed work;

(d) Records of any correction notices the dealer has sent to a manufacturer for repairs arranged by the dealer;

(e) A record of any alterations a dealer made to a manufactured structure prior to sale or as a part of a sales agreement;

(f) A legible copy of all records relating to a sale, including but not limited to confirmation orders, diagrams, purchase options, written agreements, financing applications, financing agreements, change orders, price changes, ownership documents, and applications to record a structure in deed records; and

(g) Records associated with consignment sales.

(4) In addition to the bond or letter of credit requirements in ORS 446.726, a dealer shall authorize their bond or letter of credit company to notify the division upon any change to or cancellation of the insurance required for their dealer license, and notify the division of any change to or cancellation of the bond or letter of credit required for their dealer license.

(5) A dealer shall within 10 business days, notify the division of any name, ownership, address changes or additions, through a division approved form including any change of registration status with the Secretary of State, and obtain all required licenses.

(6) Dealers shall exercise due care and diligence that is consistent with industry practice in all transactions involving a manufactured structure and shall not, by act or omission, endanger the economic welfare or the health or safety of the public through such transactions.

(7) A dealer shall not engage in conduct which demonstrates habitual disregard for the law.

Or. Admin. Code § 441-446-0210

BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; Renumbered from 918-030-0430 by FCS 7-2008 f. & cert. ef. 7-28-08

Stat. Auth.: ORS 446.666

Stats. Implemented: ORS 446.225, 446.260, 446.666, 446.691, 446.696, 446.701, 446.706, 446.716, 446.726, 446.736, 446.741 & 446.751