OAR 735-150-0017
Acting as a Vehicle Dealer

This rule describes certain circumstances under which an owner or lessor of real property is considered to be acting as a vehicle dealer without a certificate pursuant to ORS 822.005 (Acting as vehicle dealer without certificate)(1). The rule is not intended to limit DMV’s authority to require a person to obtain a certificate, or to find a person in violation of ORS 822.005 (Acting as vehicle dealer without certificate) for acting as a vehicle dealer without a valid certificate in any circumstance that violates the terms of ORS 822.005 (Acting as vehicle dealer without certificate)(1), unless the person has an exemption under ORS 822.015 (Exemptions from vehicle dealer certification requirement).

(1)

An owner or lessor of real property must hold a valid vehicle dealer certificate pursuant to ORS 822.005 (Acting as vehicle dealer without certificate)(1), if the owner or lessor receives compensation of any type for the display or sale of vehicles on the property, and performs any of the following:

(a)

Advertises or pays for advertising for any individual vehicle(s) displayed for sale either on-site, electronically or in print media;

(b)

Answers any questions related to the terms of sale or consignment for any vehicle displayed for sale;

(c)

Shows to any person any vehicle displayed for sale;

(d)

Provides or pays for individual “for sale” signs for any vehicle displayed for sale;

(e)

Cleans, prepares or otherwise physically maintains any vehicle displayed for sale;

(f)

Provides or offers to provide financing for any vehicle displayed for sale;

(g)

Prepares or provides any forms necessary for the titling or registration of any vehicle displayed for sale; or

(h)

Performs any maintenance, body repair or mechanical services related to any vehicle part or component on any vehicle displayed for sale.

(2)

This rule does not apply to a person who rents or leases property to a vehicle dealer who possesses a current vehicle dealer certificate, to the extent that the real property or any portion thereof is actually used by the dealer.

Source: Rule 735-150-0017 — Acting as a Vehicle Dealer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0017.

735–150–0000
Authority and Purpose 735–150–0005
Oregon Dealer Advisory Committee 735–150–0010
Definitions 735–150–0015
Dealer Applications 735–150–0017
Acting as a Vehicle Dealer 735–150–0020
Exemptions From Vehicle Dealer Certification Requirement 735–150–0024
Investigation of Certificate Applications 735–150–0027
Refusal to Issue or Renew Vehicle Dealer Certificate 735–150–0030
Dealer Location Regulations 735–150–0031
Proof of Dealer Liability Insurance 735–150–0033
Display of Vehicles for Advertising 735–150–0035
Dealer Records 735–150–0037
Records 735–150–0039
Qualifications for Designation of Dealer as Agent 735–150–0040
Designation of Dealers as Agents 735–150–0041
Dealer Applications to Participate in the Electronic Vehicle Registration Program 735–150–0042
Vehicle Consignments 735–150–0045
Special Rules Concerning Recreational Vehicle Dealers 735–150–0047
Rules Concerning Dealer-Only Auctions 735–150–0050
Preparation and Submission of DMV Documents and Fees 735–150–0055
Dealer Document-Processing Fee 735–150–0060
Issuance of Temporary Registration Permits 735–150–0070
When Trip Permits May Be Issued by Dealers 735–150–0080
Requirements for Issuing Trip Permits 735–150–0105
Late Renewal of Dealer Certificate 735–150–0110
Dealer Offenses Subject to Civil Penalty or Sanction 735–150–0120
Sanctions 735–150–0130
Civil Penalty Consideration 735–150–0140
Schedule of Civil Penalties for Certified Dealers 735–150–0160
Civil Penalty Considerations 735–150–0170
Schedule of Violation Penalties, Unlicensed Dealer 735–150–0190
Contested Case Hearings and Disposition 735–150–0205
Liquidation of Dealer Inventory Upon Closure of Dealership 735–150–0250
Lien Claimant Records 735–150–0260
Civil Penalty Consideration, Lien Claimant Records
Last Updated

Jun. 8, 2021

Rule 735-150-0017’s source at or​.us