Form of purchase agreement
(1)A manufactured dwelling dealer who sells a manufactured dwelling shall use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054 (Rules).
(2)The purchase agreement shall include the base price and a written itemization that clearly and conspicuously discloses the retail prices of the following, if not included in the base price:
(a)Manufactured dwelling options that are ordered by the buyer.
(b)The amount of any refundable or nonrefundable administrative or processing fees paid to or collected by the dealer and the circumstances under which the fees may be returned to the buyer.
(c)The amount of any earnest money paid and the circumstances under which the earnest money may be returned to the buyer.
(d)Improvements provided by the dealer, or by a third party at the request of the dealer, to the extent known to the dealer at the time of sale. The written itemization of improvements under this paragraph excuses the dealer from providing the buyer with a separate statement of estimated costs under ORS 90.518 (Provider statement of estimated cost of improvements) for those itemized improvements.
(e)All loan fees and credit report fees paid to or collected by the dealer to obtain financing for the buyer’s purchase of the manufactured dwelling and the circumstances under which the fees may be returned to the buyer.
(f)Alterations and upgrades to the manufactured dwelling made by the dealer or by a third party at the request of the dealer.
(g)Goods and services provided by the dealer, or by a third party at the request of the dealer, that are not otherwise disclosed pursuant to this section.
(h)Fees for the issuance or updating of an ownership document.
(i)The extended warranty contract, if any.
(j)Delivery, installation or site access costs that are not otherwise disclosed pursuant to this section, if any.
(3)The purchase agreement form must be accompanied by a list, provided by the Department of Justice, of governmental consumer protection agencies having jurisdiction over manufactured dwelling issues.
(4)Failure of a manufactured dwelling dealer to use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054 (Rules) is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices).
(5)Except as provided in ORS 41.740 (Parol evidence rule), a purchase agreement is considered to contain all of the terms of the contract between the buyer and the manufactured dwelling dealer. No evidence of the terms of the contract may be presented other than the contents of the purchase agreement. As used in this subsection, “contract” does not include a retail installment contract or loan agreement entered into as part of a purchase transaction. [Formerly 646.402]
Section 646A.052 — Form of purchase agreement,