ORS 83.520
Form and contents of retail installment contract


(1)

A retail installment contract shall be in writing, shall contain all the agreements of the parties, shall contain the names of the motor vehicle dealer and the buyer, the place of business of the motor vehicle dealer, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make, year model, model and identification numbers or marks, and shall be signed by the buyer and the motor vehicle dealer.

(2)

The printed portion of the contract shall be in at least 8-point type. The contract shall contain in printing or writing of a size equal to at least 10-point bold type, the following:

(a)

Both at the top of the contract and directly above the space reserved for the signature of the buyer, the words “RETAIL INSTALLMENT CONTRACT”;

(b)

A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included, if that is the case; and

(c)

The following notice:

Do not sign this contract before you read it or if it contains any blank space, except that:

(1)

If delivery of the motor vehicle or mobile home is to be made to you after this contract is signed, the serial number or other identifying information and the due date of the first installment may be filled in at the time of delivery; and

(2)

If the name of the financing agency is not known at the time the contract is executed, the name of the financing agency may be inserted in the contract on or about the date the name of the financing agency is known.
You are entitled to a copy of this contract.
You have the right to pay off in advance the full amount due and to obtain a partial refund of the finance charge.

(3)

The contract shall contain the following items:

(a)

The cash sale price of the motor vehicle which is the subject matter of the retail installment sale.

(b)

The amount of the buyer’s down payment, itemizing the amounts, if any, paid or credited in money or in goods and containing a brief description of the goods traded in.

(c)

The difference between the items set forth in paragraphs (a) and (b) of this subsection.

(d)

The amount, if any, included for insurance and other benefits, specifying the coverages and benefits. For purposes of this paragraph, “other benefits” includes any amounts actually paid or to be paid by the motor vehicle dealer pursuant to an agreement with the buyer to discharge a security interest, lien or lease interest on property traded in.

(e)

The amount, if any, of official fees.

(f)

The principal balance, which is the sum of the items set forth in paragraphs (c), (d) and (e) of this subsection.

(g)

The amount of the finance charge.

(h)

The time balance, which is the sum of the items set forth in paragraphs (f) and (g) of this subsection.

(i)

The time sale price.

(j)

A plain and concise statement of the amount in dollars of each installment or future payment to be made by the buyer, the number of installments required, and the date or dates at which, or period or periods in which, the installments are due.

(4)

The contract may contain additional items to explain the calculations involved in determining the stated time balance to be paid by the buyer. [1957 c.625 §§2,3,5; 1979 c.816 §2; 1995 c.519 §3; 1999 c.525 §1; 2001 c.117 §5]

Source: Section 83.520 — Form and contents of retail installment contract, https://www.­oregonlegislature.­gov/bills_laws/ors/ors083.­html.

Notes of Decisions

When none of parties to sales transaction are in business of selling motor vehicles, this section does not apply. Herrera v. Quijano, 114 Or App 287, 835 P2d 140 (1992)

83.010
Definitions for ORS 83.010 to 83.190
83.020
Retail installment contract requirements
83.030
Contents of contract
83.040
Subsequent purchases under original contract
83.050
Contracts completed by mail and based on catalog of seller
83.060
Filling blanks
83.070
Delivery of copy of contract to buyer
83.080
Informing buyer of service charge and right to prepay
83.090
Service charge
83.095
Service charge computed by actuarial method
83.100
Extra charges
83.110
Insurance
83.120
Receipts
83.130
Voluntary prepayment by buyer
83.140
Consolidation of purchases with prior contract
83.150
Unenforceable contract provisions
83.160
Waiver of ORS 83.010 to 83.190
83.170
Effect of violation of ORS 83.010 to 83.190 by seller
83.180
Enforcement of ORS 83.010 to 83.190
83.190
Civil penalties
83.510
Definitions for ORS 83.510 to 83.680
83.520
Form and contents of retail installment contract
83.530
Filling blanks
83.540
Delivery of copy of contract to buyer
83.560
Finance charge
83.565
Finance charge computed by actuarial method
83.580
Insurance
83.590
Delinquency and collection charges
83.600
Schedule of payments
83.610
Delivery to buyer of instrument indicating full payment
83.620
Voluntary prepayment by buyer
83.630
Extension of scheduled due date
83.635
Acceptance of retail installment contract by lender
83.650
Effect of negotiation of notes on rights against motor vehicle dealer
83.660
Acceleration provision
83.670
Unenforceable contract provisions
83.680
Waiver of provisions of ORS 83.510 to 83.680
83.710
Definitions for ORS 83.710 to 83.750
83.715
Telephone solicitation sale
83.720
Cancellation of home solicitation sale
83.730
Written agreement or offer to purchase
83.740
Duties of seller upon cancellation of sale or revocation of offer to purchase
83.750
Rights and duties of buyer upon cancellation of sale or revocation of offer to purchase
83.811
Exemption from certain disclosure requirements for motor vehicle dealer or retail seller
83.813
Exemption from certain disclosure requirements for assignee of retail installment contract
83.820
Consumer paper
83.850
Definitions for ORS 83.850 and 83.860
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
83.875
Definitions for ORS 83.875, 83.880, 83.890 and 83.895
83.880
Sale of motor vehicles, goods or services as time sale rather than loan
83.885
Sale of motor vehicles, personal property or services for business or commercial purposes as time sale rather than loan
83.890
Notice required in contract when seller intends to transfer contract
83.895
Effect of seller’s failure to provide notice
83.990
Penalties
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