Trade Regulation

ORS 646A.787
Fiduciary responsibilities


(1)

A person that is subject to ORS 646A.770 (Definitions) to 646A.787 (Fiduciary responsibilities) shall act in a fiduciary capacity with respect to funds the person receives or holds for the benefit of another person.

(2)

A person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may not:

(a)

Charge more for the guaranteed asset protection waiver than five percent of the amount the borrower finances under a finance agreement; or

(b)

Vary the benefits, terms, conditions or price of the guaranteed asset protection waiver on account of a borrower’s race, sex, sexual orientation, income or education. [2015 c.523 §7]
§§ 646A.600 to 646A.628

Law Review Citations

52 WLR 451 (2016)

§§ 646A.400 to 646A.418

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condition requiring repair, presumption does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Citations

19 WLR 329 (1983)


Source

Last accessed
Jun. 26, 2021