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OAR 137-020-0020 – Motor Vehicle Price and Sales Disclosure OAR 137-020-0020 Motor Vehicle Price and Sales Disclosure (1) Purpose: The purpose of this rule is to declare as unfair or deceptive in trade or commerce certain motor vehicle pricing and sales practices
Oregon Secretary of State Administrative Rules (See OAR 137-020-0020 for the Oregon definition of a used vehicle ) Previously titled or not, any vehicle driven for purposes other than moving or test driving is considered a used vehicle, including light-duty vans, light-duty trucks, demonstrators, and used cars that meet the following specifications:
Oregon’s Vehicle Retail Installment Contract Law OAR 137-020-0020 (3) (aa) prohibits the vehicle dealer from raising the “cash sale price” of the new vehicle to offset the negative equity in the trade-in Negative Equity must be disclosed on the RIC
Can an Oregon Dealer Sell a Vehicle with the Service Engine Soon . . . If the purchased vehicle has a service engine soon light illuminated then it is most likely a violation of the Unlawful Trade Practices Act if the vehicle will be registered in the Portland or Medford Metro Region (ORS 646 608 (1) (u) via Oregon Administrative Rule (OAR) 137-020-0020 (3) (o) see Commentary)
OREGON’S RETAIL INSTALLMENT CONTRACT LAW - Ross Law PDX OAR 137-020-0020 (3) (aa) prohibits the vehicle dealer from raising the “cash sale price” of the new vehicle to offset the negative equity in the trade-in An unlawful negative equity violation may result in a UTPA violation, Truth In Lending Act Violation, or other violations
New Language Clarifies Limits of an “As Is” Clause OAR 137-020-0020 (3) (o) Official Commentary In other words, if the dealer is selling a car that is not roadworthy, has a branded title, or has other material defects, the dealer must make a separate disclosure Simply providing the AS IS disclosure in the FTC Buyers Guide is not enough
Keeping the Car in an Unlawful Yo-Yo Sale | Consumer Law Section If the consumer agrees to return the vehicle, the dealer may be at risk for an unlawful trade practices violation (ORS 646 608 (1) (ss), ORS 646A 090, and OAR 137-020-0020 (3) (p), (x), (y), and (z)) but the dealers will often try to make the case about damages and whether the consumer suffered an “ascertainable loss,” which the consumer
As-Is Means As-Is…Right? | Consumer Law Section Because the UTPA sets up a negligence framework, it is also a violation for a dealer to fail to disclose material nonconformities or defects that the dealer has “negligently disregarded when the dealer or broker should have known, prior to sale or lease of a motor vehicle ” OAR 137-020-0020 (o) So how does the UTPA interact with an “as-is” clause?
OAR 137-020-0050 – Motor Vehicle Advertising - OregonLaws OAR 137-020-0050 Motor Vehicle Advertising (1) For purposes of this rule, the definitions specified in OAR 137-020-0020 (Motor Vehicle Price and Sales Disclosure) shall apply (2) Violations: It is unfair or deceptive in trade or commerce for any person to advertise motor vehicles if: (a)