(1)(a) A person that executes a written contract with a landscape contracting business for work on real property that the person owns or leases may, within three business days after the date of execution, rescind the contract as provided in paragraph (b) of this subsection.

Terms Used In Oregon Statutes 671.627

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC

(b) A person that intends to rescind a contract described in paragraph (a) of this subsection shall deliver to the landscape contracting business a written notice that clearly states the person’s intent to rescind the contract. For purposes of this paragraph, a written notice includes notice by means of facsimile, electronic mail or other electronic notice in written form.

(2) A person may not rescind a contract as provided in subsection (1) of this section if:

(a) The person agrees in writing that the landscape contracting business may begin work under the contract before the three-day period set forth in subsection (1) of this section expires; or

(b) The person agrees to an amendment of the terms or conditions of the contract after the three-day period set forth in subsection (1) of this section expires.

(3)(a) At the same time a landscape contracting business executes a contract described in subsection (1) of this section, the landscape contracting business shall provide written notice of the right of rescission under this section to the person with whom the landscape contracting business enters into the contract.

(b) The State Landscape Contractors Board by rule may specify the form and content of the notice described in paragraph (a) of this subsection. [2023 c.304 § 2]

 

[1991 c.533 § 4; repealed by 2001 c.108 § 4]

 

(Landscape Contractors Board)