Title 10, Property Rights and Transactions

(1) All funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds thereof received in this state by a developer from or on behalf of a purchaser or prospective purchaser in connection with the purchase or reservation of a timeshare must …

(1) Subject to the requirements of ORS 94.871 and 94.873, an escrow for the sale of a timeshare estate may close only if one of the following alternatives for protecting the purchaser is satisfied: (a) The timeshare estate is conveyed to the purchaser free and clear of any blanke…

An escrow agent holding funds under ORS 94.873: (1) May invest the escrowed funds in securities of the federal government or any agency thereof or in savings or time deposits in institutions insured by an agency of the federal government according to the terms of the agreement be…

(1) Funds placed into escrow under ORS 94.873 shall be placed into an escrow account established solely for that purpose with one of the following acting as an escrow agent: (a) An attorney who is a licensee of the Oregon State Bar; (b) An insured institution, as defined in ORS 7…

(1) When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors and anyone who acquires the property through foreclosure, by deed, assignment or transfer in lieu of foreclosure, shall take the property subject to the rights of …

(1) A lien payment trust may be established with a trust company as defined in ORS 706.008 that is authorized to transact trust business in this state, for the conveyance of timeshare property to the trustee under ORS 94.876 if the trust instrument provides for at least the follo…

(1) Except as provided in subsection (2) of this section: (a) If a trust is established for timeshare property subject to timeshare licenses, the trust for the timeshare property shall be irrevocable during the time that any purchaser of a timeshare license has a right to the use…

(1) If it is impossible or impractical for a developer to satisfy any of the requirements of ORS 94.890 because of factors over which the developer has little or no control, the Real Estate Commissioner may accept arrangements other than those prescribed by ORS 94.890 which in th…

Any surety bond furnished to the Real Estate Commissioner under ORS 94.890 must be in an amount which is not less than 110 percent of the remaining principal balance of every indebtedness secured by a blanket encumbrance affecting the timeshare property. The surety bond must be i…

(1) Records of the sale of timeshares in a timeshare plan shall be subject to inspection by the Real Estate Commissioner. (2) The Real Estate Agency shall adopt rules necessary to carry out ORS 94.803 and 94.807 to 94.945. (3) The agency may cooperate with agencies performing sim…

(1) Every nonresident developer, at the time of filing the notice required by ORS 94.823, also shall file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident developer in this state arising out of a violation o…

(1) In addition to any other penalty provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 94.803 and 94.807 to 94.945. No civil penalty shall exceed $1,000 per violation. (2) Civil penalties under this section shall be im…

(1) If the Real Estate Commissioner finds that an owner, developer or other person is violating any of the provisions of ORS 94.803 and 94.807 to 94.945, the commissioner may order the person to desist and refrain from violating the provisions or requirements, or from the further…

No person shall, in connection with an offering, sale or lease of an interest in a timeshare plan: (1) Employ any device, scheme or artifice to defraud; (2) Make any untrue statement of a material fact; (3) Fail to state a material fact necessary to make a statement clear; (4) Is…

It shall be unlawful for any developer or the agent or employee of a developer with intent to sell or lease a timeshare in a timeshare plan, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast conc…

As used in ORS 94.953 to 94.989: (1) “Blanket encumbrance” means any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance which secures or evidences the obligation to pay mone…

Except as provided in ORS 94.959, and except for transactions pursuant to ORS 94.962, no person shall offer to sell or sell a membership camping contract in this state unless the membership camping contract is registered under ORS 94.953 to 94.989. [1985 c.639 §2]

(1) A membership camping operator wishing to offer to sell or sell a membership camping contract in this state shall register the contract with the Real Estate Commissioner. The application for registration shall include all of the following if it is applicable to the membership …

The following transactions are exempt from registration: (1) An offer, sale or transfer by any one person of not more than one membership camping contract for any membership camping operator in any 12-month period, unless the person receives a commission or similar payment for th…

The application for registration shall automatically become effective upon the expiration of 45 calendar days following filing of a completed application with the Real Estate Commissioner unless: (1) The application for registration is denied under ORS 94.968; (2) The commissione…

(1) The Real Estate Commissioner may order that a registration of an offer or sale of membership camping contracts be denied, suspended or revoked if the commissioner makes findings pursuant to ORS 183.430 that any of the following is true: (a) The membership camping operator has…

(1) The fee for registration or amendment of an offer or sale of a membership camping contract shall be an amount sufficient to recover any administrative expenses in staff review and action upon the registration or amendment. The fee is subject to the review of the Oregon Depart…

(1) Except in a transaction exempt under ORS 94.962, any person who sells a membership camping contract shall provide the prospective purchaser with those written disclosures required under ORS 94.959. Disclosures shall be substantially accurate and complete and made to a prospec…

No person shall, in connection with an offering or sale of a membership camping contract: (1) Employ any device, scheme or artifice to defraud; (2) Make any untrue statement of a material fact; (3) Fail to state a material fact necessary to make a statement clear; (4) Issue, circ…

It shall be unlawful for any membership camping operator or the agent or employee of any membership camping operator with intent to sell a membership camping contract, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio…

(1) Unless the transaction is exempt under ORS 94.962, it is unlawful for any person to act as a salesperson or membership camping contract broker in this state without first registering as a salesperson or membership camping contract broker as provided in ORS 94.980. Individuals…

(1) A salesperson or membership camping contract broker may apply for registration by filing with the Real Estate Commissioner an application which includes the following information: (a) A statement whether or not the applicant has been convicted of any misdemeanor or felony inv…

(1) Any membership camping contract may be canceled at the option of the purchaser, if: (a) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the membership camping operator; and (b) The notice is posted not later than midnight of the …

With respect to any campground offered for sale in this state and acquired and put into operation by a membership camping operator after September 1, 1985, the membership camping operator shall not sell membership camping contracts in this state granting the right to use such cam…

(1)(a) Upon petition by the Real Estate Commissioner or a majority of active purchasers not then in default under their membership camping contracts, a court of competent jurisdiction may declare a failure of management of the membership camping operator and appoint a trustee to …

(1) Membership camping contracts, campgrounds and facilities are not subdivisions or series partitions under ORS chapter 92, are not condominiums under ORS chapter 100, are not timeshare properties under ORS chapter 94, and are not securities under ORS 59.005 to 59.505, 59.710 to…

As used in ORS 95.200 to 95.310: (1) “Affiliate” means: (a) A person that directly or indirectly owns, controls or holds with power to vote 20 or more percent of the outstanding voting securities of the debtor, other than a person that holds the securities: (A) As a fiduciary or …

(1) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (2) A debtor that is generally not paying the debtor’s debts as they become due, other than as a result of a bona fide dispute, is rebuttably presumed …

(1) Value is given for a transfer or an obligation if in exchange for the transfer or obligation property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s b…

(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (a) With actual intent to hind…

(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange…

For the purposes of ORS 95.200 to 95.310: (1) A transfer is made: (a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a …

(1) In any action for relief against a transfer or obligation under ORS 95.200 to 95.310, a creditor, subject to the limitations provided in ORS 95.270, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim. (b) An attachm…

(1) A transfer or obligation is not voidable under ORS 95.230 (1)(a) as against a person that took in good faith and for a reasonably equivalent value given the debtor or as against any subsequent transferee or obligee. (2) To the extent a transfer is avoidable in an action by a …

A claim for relief with respect to a transfer or obligation under ORS 95.200 to 95.310 is extinguished unless action is brought: (1) Under ORS 95.230 (1)(a) within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transf…

(1) A claim for relief in the nature of a claim for relief under ORS 95.200 to 95.310 is governed by the local law of the jurisdiction in which the debtor is located at the time the transfer is made or the obligation is incurred. (2) For purposes of this section, a debtor’s locat…

(1) For the purposes of ORS 95.200 to 95.310, a series organization and each protected series of the organization is a separate person, even if for other purposes a protected series is not a person separate from the series organization or other protected series of the organizatio…

Unless displaced by the provisions of ORS 95.200 to 95.310, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidat…

ORS 95.200 to 95.310 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 95.200 to 95.310 among states enacting it. [1985 c.664 §11]

ORS 95.200 to 95.310 modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003…

ORS 95.200 to 95.310 may be cited as the Uniform Voidable Transactions Act. [1985 c.664 §12; 2023 c.83 §13] _______________

Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that su…

If any party neglects to repair or rebuild such partition fence as is mentioned in ORS 96.010 or the portion thereof which the party ought to maintain, the aggrieved party may complain to a justice of the peace, who, after due notice to each party, shall examine the fence and if …

If a partition fence is not repaired or rebuilt according to the directive mentioned in ORS 96.020, the complainant may repair or rebuild it and recover the value thereof from the delinquent party before any court of competent jurisdiction. The court may award reasonable attorney…

(1) In all cases where the enclosures of two or more persons are divided by a partition fence of any kind and either of the parties thinks it proper to vacate the part of the enclosure of that party or to make a lane or passage between the adjoining enclosures, that party is at l…