ORS 83.730
Written agreement or offer to purchase

  • contents
  • notice of buyer’s right to cancel
  • form

(1)

A home solicitation sale must be evidenced by a written agreement or offer to purchase signed by the buyer. At the time a buyer executes the written agreement or offer to purchase:

(a)

The seller must furnish the buyer with a fully completed copy of the written agreement or offer to purchase.

(b)

The written agreement or offer to purchase must:

(A)

Designate as the date of the transaction the date on which the buyer actually signs;

(B)

Contain the name of the seller and address of the seller’s place of business;

(C)

Be in the same language as the language that is principally used in the sales presentation; and

(D)

Contain, in immediate proximity to a space reserved for the signature of the buyer, in at least 10-point boldfaced type, a statement in substantially the following form:
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of buyer’s right to cancel for an explanation of the right to cancel.

(c)

The seller must provide the buyer, by a method chosen by the seller, with a duplicate copy of the notice of the buyer’s right to cancel described in subsection (2) of this section so that, if the buyer cancels the transaction, the buyer can retain a complete copy of the written agreement or offer to purchase. If both copies of the notice are not attached to the written agreement or offer to purchase, the seller shall change the last sentence in the statement required under paragraph (b)(D) of this subsection to conform to the actual location of the copies of the notice. Both copies of the notice must contain:

(A)

The name of the seller;

(B)

The address of the seller’s place of business;

(C)

The date of the transaction; and

(D)

The date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation.

(d)

The seller must orally inform the buyer of the buyer’s right to cancel.

(2)

The notice of the buyer’s right to cancel must be in conspicuous type, 10-point or larger, and must read as follows:
NOTICE OF BUYER’S RIGHT TO CANCEL

(1)

(Date) You, the buyer, may cancel this agreement without any penalty, cancellation fee or other financial obligation by mailing or delivering a notice to the seller within THREE BUSINESS DAYS from the above date.

(2)

If you cancel:

(a)

Any property you traded in, any payments you made under the sales contract and any checks or notes you signed will be returned within 10 business days following receipt by the seller of your notice of cancellation. Any security interest that arises from the transaction will be canceled.

(b)

You may either make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under the sales contract or you may comply with the seller’s instructions regarding the return shipment of the goods at the seller’s expense and risk.

(c)

If you make the goods available to the seller at your residence and the seller does not pick up the goods within 20 days of the date of your notice of cancellation, you may keep or discard the goods without further obligation.

(d)

If you do not make the goods available to the seller, or if you agree to return the goods to the seller and you do not return the goods, you must perform all of your obligations under the sales contract.

(3)

To cancel this transaction, mail or deliver a signed and dated copy of this notice or other written expression of your intention to cancel, or send a telegram, to (name of seller) at (address of seller’s place of business) not later than 12 midnight on (date), the third business day after you signed the written agreement or offer to purchase.
I HEREBY CANCEL THIS TRANSACTION.
__________________ _____

(Signature of buyer)

(Date)

(3)

In a home solicitation sale subject to federal rules under 16 C.F.R. part 429, the seller may provide the notice required by the federal rules in lieu of the notice required under subsection (2) of this section if the notice required under federal rules contains the information specified in subsection (1)(c) of this section.

(4)

Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of an intention to cancel. [1971 c.744 §21(3); 1977 c.170 §2; 2005 c.223 §3]

Source: Section 83.730 — Written agreement or offer to purchase; contents; notice of buyer’s right to cancel; form, https://www.­oregonlegislature.­gov/bills_laws/ors/ors083.­html.

Attorney General Opinions

Validity of mechanics lien in home solicitation sale where notice of cancellation not given, (1974) Vol 37, p 316

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
Green check means up to date. Up to date

Current through early 2024

§ 83.730’s source at oregon​.gov