OAR 735-150-0037
Records; Satisfying Prior Interest; Providing Clear Title

This rule establishes the records vehicle dealers must maintain to comply with ORS 822.045 (Vehicle dealer offenses)(1) and OAR 735-150-0035 (Dealer Records).

(1)

“Other primary ownership document” as used in ORS 822.045 (Vehicle dealer offenses)(1)(j), as amended by Chapter 21, Oregon Laws 2014, and this rule has the same meaning as set forth in OAR 735-020-0010 (Perfection of Security Interest; Primary Ownership Document).

(2)

Vehicle dealers must satisfy the interest in a vehicle they purchase within 15 days of transfer or receipt of clear title pursuant to ORS 822.045 (Vehicle dealer offenses)(1)(j) and OAR 735-150-0035 (Dealer Records). To verify that they have complied with this requirement, dealers must maintain records that show:

(a)

The date a vehicle consumer transferred any interest in a vehicle or camper to a dealer.

(b)

The date a purchasing dealer receives clear title from another dealer on a vehicle or camper. This date is either the date:

(A)

The purchasing dealer took physical possession of the certificate of title or other primary ownership document, including who it was received from; or

(B)

Written notice was mailed by certified or registered mail, return receipt requested, to the purchasing dealer that the certificate of title was available for pickup at a time and place prearranged by the purchasing dealer and the dealer.

(c)

The date the purchasing dealer satisfied:

(A)

The interest of any person from whom the dealer purchased or obtained the vehicle or camper;

(B)

The interest of any person from whom a vehicle consumer leased the vehicle or camper; and

(C)

Except as provided by 822.045 (Vehicle dealer offenses)(2), all security interests in the vehicle or camper entered into before the date of transfer.

(D)

The interest of the dealer from which the purchasing dealer received the certificate of title or other primary ownership document.

Source: Rule 735-150-0037 — Records; Satisfying Prior Interest; Providing Clear Title, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0037.

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 735-150-0037’s source at or​.us