Chapter 650 — Chapter 650
63 sections in this chapter.
ORS 650.360 Coercion prohibited. (1) As used in this section, “coerce” includes threatening to terminate, cancel or fail to renew a dealership agreement without good cause
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(2) A grantor may not coerce, or attempt to coerce, a dealer: (a) To purchase a product that the dealer did not order; (b) To enter into an agreement with the grantor; or (c) To take any action that is unfair to the dealer. (3) A grantor may not require a dealer to enter into an …
ORS 650.370 Transfer by dealer. (1) A dealer shall give a grantor 30 days’ notice in writing before the dealer transfers an interest in a dealership agreement or ownership of a business that is the subject of a dealership agreement
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(2) The dealer shall include in a notice under this section the identity, financial ability and qualifications of the proposed transferee and any other information required by the dealership agreement. (3)(a) The dealer may not transfer the business to the transferee if a grantor…
ORS 650.380 Dealer’s successor. (1) A grantor shall permit a dealer who is an individual to change the dealer’s designation of a member of the dealer’s family to succeed to the dealer’s interest in the dealer’s business and dealership agreement
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(2) Upon the dealer’s death, incapacity or retirement, the grantor shall accept the transfer of the dealer’s interest in the dealer’s business and dealership agreement to the member of the family designated by the dealer. (3) Subsection (2) of this section does not apply if the g…
ORS 650.390 Dealer compensation for warranty service; disapproval of warranty service claims; recall notice requirements. (1) A warrantor shall, for a warranty provided by the warrantor
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(a) Provide reasonable compensation to a dealer for diagnostic and repair services; (b) Allow a dealer reasonable periods for completing diagnostic and repair services; (c) Inform a dealer in writing of: (A) The compensation that the warrantor will pay the dealer to perform warra…
ORS 650.400 Recalls. (1) A grantor or warrantor shall
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(a) Assume the liability imposed upon a dealer because of defects in products the grantor or warrantor supplied to the dealer; and (b) Notify a dealer of: (A) A recall of a product. (B) The dates by which parts and equipment, including tires and chassis and parts of chassis, will…
ORS 650.410 Dealer’s warranty obligations. (1) A dealer shall
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(a) Perform warranty service in a timely and competent manner on a recreational vehicle that the dealer did not sell or lease if: (A) The vehicle is of the same line make the dealer offers; and (B) The grantor or warrantor has agreed to compensate the dealer for performing the wa…
ORS 650.420 Required disclosures. (1) Before delivering a new recreational vehicle to a dealer, the grantor shall notify the dealer of
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(a) Uncorrected damage to the vehicle. (b) Corrected damage that exceeded six percent of the net invoice cost of the vehicle to the dealer. (2) Before selling or leasing a new recreational vehicle to a consumer, the dealer shall: (a) Disclose to the consumer any structural damage…
ORS 650.430 Damaged or defective vehicles. (1) Within three days of receiving a damaged or defective recreational vehicle from the grantor, the dealer shall
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(a) Notify the grantor in writing of the damage or defect; and (b)(A) Ask the grantor to permit the dealer to repair the damage or correct the defect at the expense of the grantor; or (B) Reject the vehicle. (2) A dealer may reject a vehicle if, within 10 days of receiving the de…
ORS 650.440 Grantor’s ownership, operation or control of dealership. (1) A grantor may not sell a recreational vehicle to or through a dealer without having entered into a dealership agreement with the dealer
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(2) A grantor may not own, operate or control a dealership in this state. (3) Notwithstanding subsection (2) of this section, a grantor may own, operate or control a dealership in this state if: (a)(A) The ownership, operation or control does not exceed a period of one year or, i…
ORS 650.450 Indemnification; grantor and dealer. (1) Notwithstanding any dealership agreement
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(a) A grantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the grantor’s negligence or intentional misconduct. (b) A dealer shall indemnify a grantor again…
ORS 650.460 Indemnification; warrantor and dealer. (1) Notwithstanding any agreement to the contrary
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(a) A warrantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the warrantor’s negligence or intentional misconduct. (b) A dealer shall indemnify a warrantor…
ORS 650.470 Remedies; grantor and dealer; attorney fees. (1) A dealer injured by a grantor’s violation of ORS 650.320, 650.330, 650.340, 650.350, 650.360, 650.370, 650.380, 650.400, 650.420, 650.430, 650.440 or 650.450 may bring a civil action against the grantor to recover the dealer’s actual damages
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(2) A grantor injured by a dealer’s violation of ORS 650.370, 650.410, 650.420 or 650.450 may bring a civil action against the dealer to recover the grantor’s actual damages. (3) The court shall award reasonable attorney fees to the prevailing party in an action under this sectio…
ORS 650.480 Remedies; warrantor and dealer; attorney fees. (1) A dealer injured by a warrantor’s violation of ORS 650.390, 650.400, 650.410 or 650.460 may bring a civil action against the warrantor to recover the dealer’s actual damages
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(2) A warrantor injured by a dealer’s violation of ORS 650.410 or 650.460 may bring a civil action against the dealer to recover the warrantor’s actual damages. (3) The court shall award reasonable attorney fees to the prevailing party in an action under this section. [2003 c.377…