OAR 137-020-0025
Mobile Home Consignment

(1)

Purpose: The purpose of this rule is to declare as unfair or deceptive in trade or commerce the practice of selling mobile homes on consignment without complying with this rule.

(2)

Authority: This rule is adopted pursuant to ORS Chapter 183 (Administrative Procedures Act) on authority granted to the Attorney General by 646.608 (Additional unlawful business, trade practices)(1)(u) and (4).

(3)

Effective Date: This rule applies to consignment sales agreements entered into on or after January 1, 1980.

(4)

Definitions: For purposes of this rule:

(a)

The definitions of terms set forth in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) are applicable;

(b)

“Mobile Home Dealer” means a person who regularly engages in the sale of mobile homes as defined by this rule;

(c)

“Mobile Home” means a non-self propelled structure, transportable in one or more sections, which is designed to be used as a permanent family dwelling;

(d)

“Consignment Seller” means the owner of a mobile home who enlists the assistance of a mobile home dealer to offer his or her mobile home for sale to a third party and where the mobile home dealer receives consideration for such assistance. For purposes of this rule, it does not matter that the mobile home dealer does not take possession of the mobile home;

(e)

“Minimum Net Agreement” means an agreement characterized by an arrangement in which a consignment seller agrees to accept a fixed dollar amount as his or her share of the proceeds regardless of the total sale price of the unit sold.

(5)

Unfair or Deceptive Mobile Home Consignment Practices: A mobile home dealer engages in conduct which is unfair or deceptive in trade or commerce when it fails to deliver to a consignment seller the written agreements in compliance with the following:

(a)

A mobile home dealer shall provide a mobile home consignment seller with a copy of a written consignment agreement prior to the date that the mobile home is offered for sale;

(b)

The written consignment agreement shall contain the following:

(A)

Identification of the mobile home offered for sale;

(B)

The length of the term of the consignment agreement;

(C)

If the mobile home dealer advises the consignment seller of an estimated retail value of the mobile home, a statement of that value shall be included;

(D)

Identification of any class of expenses, including, but not limited to, taxes, repairs, transportation cost or tear down expenses, to be deducted from the consignment seller’s portion of the proceeds of the sale in addition to the mobile home dealer’s commission;

(E)

The mobile home dealer’s commission, stated in terms of a dollar amount or percentage of the sales price, unless it is a minimum net agreement;

(F)

In the event of a minimum net agreement, the amount to be paid to the consignment seller shall be so stated;

(G)

A statement of whether or not the consignment seller will have the right to approve the final purchase price; and

(H)

The signature of the consignment seller.

(c)

The mobile home dealer shall promptly deliver to the consignment seller a copy of the purchase agreement, which shall include the sales price, after the purchase agreement has been executed by the third party purchaser.

Source: Rule 137-020-0025 — Mobile Home Consignment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-020-0025.

137–020–0010
Trade Practices Act 137–020–0015
Misleading Use of “Free” Offers and Rebates 137–020–0020
Motor Vehicle Price and Sales Disclosure 137–020–0025
Mobile Home Consignment 137–020–0030
Updating 137–020–0040
Adoption of FTC Used Car Rule, Federal Truth-in-Lending Act, and Federal Consumer Leasing Law 137–020–0050
Motor Vehicle Advertising 137–020–0100
Plain Language 137–020–0150
Gasoline Price Advertising 137–020–0160
Sales Practices 137–020–0200
Definitions 137–020–0201
Registration 137–020–0202
Filing Information 137–020–0203
Information to Be Provided Each Prospective Purchaser 137–020–0205
Refusal to Issue or Renew Registration 137–020–0250
Loan Brokers and Misleading Activities 137–020–0261
Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods 137–020–0300
Unordered Real Estate, Goods, or Services 137–020–0410
Definitions and Exemptions 137–020–0420
Rules of Unique Application to Contests 137–020–0430
Rules of Unique Application to Sweepstakes 137–020–0440
Prohibitions Applicable to All Promotions (Including Schemes, Sweepstakes, and Contest) 137–020–0460
Requests for Removal from Sweepstakes Promotion Mailing List 137–020–0505
Manufactured Dwelling Rules 137–020–0520
Definitions 137–020–0535
Unfair Trade Practices 137–020–0550
Manufactured Dwelling Purchase Agreement 137–020–0565
Landlord’s Written Site Improvement Disclosure Statement 137–020–0600
Misrepresentation of Notarial Powers 137–020–0705
Purpose 137–020–0707
Definitions 137–020–0709
Standards and Guidelines for Mediation 137–020–0711
Mediator Qualifications and Training 137–020–0713
Costs of Participation, Collection of Data 137–020–0800
Definitions 137–020–0805
Unfair and Deceptive Acts in Mortgage Loan Servicing
Last Updated

Jun. 8, 2021

Rule 137-020-0025’s source at or​.us