ORS 83.880
Sale of motor vehicles, goods or services as time sale rather than loan

A retail installment contract or retail charge agreement for the sale of motor vehicles, goods or services constitutes a bona fide time sale rather than a loan or a use of money; provided that if the contract covers motor vehicles, goods or services purchased primarily for personal, family or household use and not primarily for commercial or business use, the contract also clearly and specifically discloses both a cash price, using the term “cash price” or “cash sale price,” and a deferred payment price, using the term “deferred payment price” or “time sale price,” or if the agreement complies with ORS 83.080 (Informing buyer of service charge and right to prepay). This section shall apply notwithstanding that the contract is intended to be transferred, or is transferred, to a holder pursuant to a business relationship characterized by one or more of the following:

(1)

All or any part of the seller’s contracts are transferred to the holder;

(2)

The holder provides contract forms to the seller and instructions for the use of the forms;

(3)

The holder investigates the creditworthiness of the buyer before or after the sale;

(4)

The price the holder pays the seller for the contract is more than, equal to, or less than that which the retail buyer has contracted to pay to the seller;

(5)

The transfer to the holder takes place concurrently with or within a short time of the sale;

(6)

The transfer is with or without recourse to the seller; or

(7)

The seller purchases services or borrows money from the holder. [1977 c.274 §2; 1981 c.910 §6; 1987 c.674 §2]

Source: Section 83.880 — Sale of motor vehicles, goods or services as time sale rather than loan, 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

§ 83.880’s source at oregon​.gov