ORS 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

(1)

If a lender makes a loan in close connection with the sale of goods or motor vehicles, the lender is subject to all claims and defenses of the borrower that the borrower as buyer has against the seller or motor vehicle dealer arising out of the sale, notwithstanding any agreement to the contrary. However, the lender’s liability to the borrower shall not exceed the amount owing to the lender, exclusive of unearned interest, at the time the claim or defense is asserted.

(2)

If a lender who makes a loan in close connection with a sale of goods or motor vehicles negotiates or assigns any note or other instrument taken as evidence of the obligation of the borrower, the holder of the note or other instrument shall be subject to the claims or defenses of the borrowers set forth in subsection (1) of this section. However, the liability of the holder of the note or other instrument to the borrower shall not exceed the amount owing to the lender exclusive of unearned interest at the time the claim or defense is asserted.

(3)

If a financing agency makes or funds a lease in close connection with a retail lease of a motor vehicle, the financing agency is subject to all claims and defenses that the retail lessee has against the retail lessor arising out of the retail lease, notwithstanding any agreement to the contrary. However, the financing agency’s liability to the retail lessee shall not exceed the amount owing to the financing agency, exclusive of unearned interest, at the time the claim or defense is asserted.

(4)

If a financing agency that makes or funds a loan in close connection with a retail lease of a motor vehicle negotiates or assigns any note or other instrument taken as evidence of the obligation of the retail lessee, the holder of the note or other instrument shall be subject to the claims or defenses of a retail lessee set forth in subsection (3) of this section. However, the liability of the holder of the note or other instrument to a retail lessee shall not exceed the amount owing to the financing agency exclusive of unearned interest at the time the claim or defense is asserted. [1973 c.626 §2; 2001 c.117 §4]

Source: Section 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, https://www.­oregonlegislature.­gov/bills_laws/ors/ors083.­html.

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

§ 83.860’s source at oregon​.gov