(1)Purpose: It is the purpose of this rule to define as an unfair trade practice the failure to disclose the year in which a motor vehicle or motor vehicle chassis was actually manufactured.
(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)(s) and (4).
(3)Definitions: For purposes of these rules:
(a)“Person” is defined in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652)(4);
(b)“Motor Vehicle” means a self-propelled vehicle intended for use upon public highways which is or may be used or bought primarily for personal, family, or household purposes. For purposes of this rule, the term “motor vehicle” includes mobile homes, motor homes and recreational vehicles, but does not include automobiles and motorcycles;
(c)“Motor Vehicle Chassis” means the frame assembly, power plant, and all other appurtenances necessary to make a motor vehicle self-propelled.
(4)This rule is effective on and after September 1, 1976.
(5)Failure to Disclose Year of Manufacture:
(a)It is unfair or deceptive conduct in trade or commerce to sell, or offer for sale, a motor vehicle to its first purchaser for purposes other than resale without disclosing prior to the time of entering into any binding sales agreement:
(A)The month and year in which such motor vehicle was manufactured; and
(B)If the motor vehicle chassis was manufactured in a month or year different from that of the completed motor vehicle, the month and year in which such motor vehicle chassis was manufactured.
(b)Providing a prospective purchaser with a copy of certificate of origin issued by the manufacturer of the motor vehicle or motor vehicle chassis which sets forth the month and year of manufacture shall constitute adequate disclosure for purposes of this rule.
Rule 137-020-0030 — Updating,