ORS 83.010
Definitions for ORS 83.010 to 83.190

As used in ORS 83.010 (Definitions for ORS 83.010 to 83.190) to 83.190 (Civil penalties) unless the context requires otherwise:


“Cash sale price” means the price for which the seller would have sold or furnished to the buyer, and the buyer would have bought or obtained from the seller, the goods or services which are the subject matter of a retail installment transaction, if the sale had been a sale for cash. The cash sale price may include any taxes, registration and license fees and charges for transferring vehicle titles, delivery, installation, servicing, repairs, alterations or improvements.


“Goods” means all chattels personal, other than motor vehicles as defined in ORS 83.510 (Definitions for ORS 83.510 to 83.680), when purchased primarily for personal, family or household use and not for commercial or business use, but not including money or, except as provided in the next sentence, things in action. “Goods” includes but is not limited to merchandise certificates or coupons, issued by a retail seller, to be used in their face amount in lieu of cash in exchange for goods or services sold by such a seller and goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a part thereof, whether or not severable therefrom.


“Official fees” means the amount of the fees prescribed by law for filing, recording or otherwise perfecting, and releasing or satisfying, a retained title, lien or other security interest created by a retail installment transaction.


“Principal balance” means the cash sale price of the goods or services which are the subject matter of a retail installment contract less the amount of the buyer’s down payment in money or goods or both, plus the amounts, if any, included therein, if a separate identified charge is made therefor and stated in the contract, for insurance and official fees.


“Rate” means the percentage which, when multiplied times the outstanding balance for each month or other installment period, yields the amount of the service charge for such month or period.


“Retail buyer” or “buyer” means a person who buys or agrees to buy goods or obtains services or agrees to have services rendered or furnished, from a retail seller.


“Retail charge agreement,” “revolving charge agreement” or “charge agreement” means an agreement entered into or performed in this state prescribing the terms of retail installment transactions which may be made thereunder from time to time and under the terms of which a service charge is to be computed in relation to the buyer’s unpaid balance from time to time.


“Retail installment contract” or “contract” means a contract, other than a retail charge agreement or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a retail installment transaction. “Retail installment contract” includes a chattel mortgage, a conditional sale contract and a contract in the form of a bailment or a lease if the bailee or lessee contracts to pay as compensation for their use a sum substantially equivalent to or in excess of the value of the goods sold and if it is agreed that the bailee or lessee is bound to become, or for no other or a merely nominal consideration, has the option of becoming the owner of the goods upon full compliance with the provisions of the bailment or lease.


“Retail installment transaction” means any transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract or a retail charge agreement which provides for a service charge and under which the buyer agrees to pay the unpaid balance in one or more installments.


“Retail seller” or “seller” means a person engaged in the business of selling goods or services to retail buyers.


“Service charge” however denominated or expressed, means the amount which is paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments over a period of time. “Service charge” does not include the amount, if any, charged for insurance premiums, delinquency charges, attorney fees, court costs or official fees.


“Services” means work, labor or services of any kind when purchased primarily for personal, family or household use and not for commercial or business use whether or not furnished in connection with the delivery, installation, servicing, repair or improvement of goods and includes repairs, alterations or improvements upon or in connection with real property, but does not include services for which the price charged is required by law to be determined or approved by or to be filed, subject to approval or disapproval, with the United States or any state, or any department, division, agency, officer or official of either as in the case of transportation services.


“Time balance” means the principal balance plus the service charge. [1963 c.489 §1]

Source: Section 83.010 — Definitions for ORS 83.010 to 83.190, https://www.­oregonlegislature.­gov/bills_laws/ors/ors083.­html.

Law Review Citations

52 OLR 467 (1973)

Definitions for ORS 83.010 to 83.190
Retail installment contract requirements
Contents of contract
Subsequent purchases under original contract
Contracts completed by mail and based on catalog of seller
Filling blanks
Delivery of copy of contract to buyer
Informing buyer of service charge and right to prepay
Service charge
Service charge computed by actuarial method
Extra charges
Voluntary prepayment by buyer
Consolidation of purchases with prior contract
Unenforceable contract provisions
Waiver of ORS 83.010 to 83.190
Effect of violation of ORS 83.010 to 83.190 by seller
Enforcement of ORS 83.010 to 83.190
Civil penalties
Definitions for ORS 83.510 to 83.680
Form and contents of retail installment contract
Filling blanks
Delivery of copy of contract to buyer
Finance charge
Finance charge computed by actuarial method
Delinquency and collection charges
Schedule of payments
Delivery to buyer of instrument indicating full payment
Voluntary prepayment by buyer
Extension of scheduled due date
Acceptance of retail installment contract by lender
Effect of negotiation of notes on rights against motor vehicle dealer
Acceleration provision
Unenforceable contract provisions
Waiver of provisions of ORS 83.510 to 83.680
Definitions for ORS 83.710 to 83.750
Telephone solicitation sale
Cancellation of home solicitation sale
Written agreement or offer to purchase
Duties of seller upon cancellation of sale or revocation of offer to purchase
Rights and duties of buyer upon cancellation of sale or revocation of offer to purchase
Exemption from certain disclosure requirements for motor vehicle dealer or retail seller
Exemption from certain disclosure requirements for assignee of retail installment contract
Consumer paper
Definitions for ORS 83.850 and 83.860
Applicability of claims and defenses of borrower or lessee when loan made or lease funded in close connection with sale or retail lease
Definitions for ORS 83.875, 83.880, 83.890 and 83.895
Sale of motor vehicles, goods or services as time sale rather than loan
Sale of motor vehicles, personal property or services for business or commercial purposes as time sale rather than loan
Notice required in contract when seller intends to transfer contract
Effect of seller’s failure to provide notice
Green check means up to date. Up to date