(1) Except as provided in subsection (3) of this section, a person may not sell, offer for sale or advertise for sale merchandise at a going out of business sale unless the person displays a notice of intent at the business location where the person intends to conduct the going out of business sale.

Terms Used In Oregon Statutes 646A.102

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) A person must display the notice of intent in a prominent place on the premises of the business location where the person is conducting the going out of business sale.

(3) If a person is conducting a going out of business sale as part of a bankruptcy, receivership or other court-ordered action,

the person, in lieu of displaying a notice of intent, shall display the court order or judgment that ordered the sale in a prominent place on the premises of the business location where the person is conducting the going out of business sale.

(4) A person may not:

(a) Conduct a going out of business sale for more than 90 days from the beginning date of the sale that is listed on the notice of intent.

(b) Continue to conduct a going out of business sale beyond the ending date that is listed on the notice of intent.

(5) A person who has conducted a going out of business sale may not conduct another going out of business sale for a period of one year after the ending date of the sale that is listed on the notice of intent. [2007 c.820 § 2; 2015 c.277 § 2]

 

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