Oregon Statutes 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. 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:
Terms Used In Oregon Statutes 83.880
- Contract: A legal written agreement that becomes binding when signed.
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(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]