Title 50, Trade Regulations and Practices

(1) Following the death of a motor fuel retailer franchisee and notwithstanding the terms of the franchise, the franchisor, in the case of leased marketing premises, shall enter into a new franchise with the designee of the motor fuel retailer franchisee on the terms and conditio…

Notwithstanding the terms of any franchise, no franchisor may prohibit or prevent the sale, assignment or other transfer of a franchise to a corporation in which the franchisee has and maintains a controlling interest if the franchisee offers in writing personally to guarantee th…

(1) A franchisor, as a condition for renewal of a franchisee lease or a supply agreement, shall not require a franchisee to operate a service station for the sale of motor fuel to the public for ultimate consumption in excess of 16 hours per day. (2) This section shall not apply:…

For purposes of ORS 646.040, the transfer of motor fuel from a franchisor to a company operated station or a franchisee shall be a sale in commerce. [1987 c.917 §6]

Without limiting the other provisions of ORS 650.200 to 650.250, the principle of good faith shall govern the relationship and dealings of the parties with each other. [1987 c.917 §8]

(1) Any person who is injured in the person’s business or property by reason of a violation of ORS 650.200 to 650.250 may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be…

As used in ORS 650.300 to 650.480: (1) “Area of sales responsibility” means the geographic area for which a grantor has granted a dealer the exclusive right to sell recreational vehicles manufactured or distributed by the grantor. (2) “Camper” has the meaning given that term in O…

When determining whether good cause exists for an action, a person shall consider: (1) Concerning the dealer affected by the action: (a) The extent of the dealer’s sales and leases of recreational vehicles in the area of sales responsibility; (b) The nature and extent of the deal…

(1) A dealership agreement shall: (a) Contain a provision that the law of this state governs the agreement; (b) Assign the dealer an area of sales responsibility; (c) If the dealer is an individual, include the designation of a member of the dealer’s family to succeed to the deal…

(1) As used in this section, “terms and conditions” includes rebates, discounts or any other program that may affect the ultimate price of a product. (2) If dealers compete for the sale or lease of recreational vehicles to the motoring public, a grantor shall offer to sell produc…

(1) Without good cause, a grantor may not: (a) Terminate, cancel or fail to renew a dealership agreement. (b) During the term of a dealership agreement, take an action that has a substantial adverse effect on a dealer’s ability to sell or lease recreational vehicles, including ch…

(1) Upon the termination or cancellation of or failure to renew a dealership agreement by the grantor, the grantor shall, at the dealer’s request and within 30 days of the termination, cancellation or failure to renew, purchase from the dealer: (a) All new recreational vehicles t…

(1) As used in this section, “coerce” includes threatening to terminate, cancel or fail to renew a dealership agreement without good cause. (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 …

(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. (2) The dealer shall include in a notice under this section the identity, finan…

(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. (2) Upon the dealer’s death, incapacity or retirement, the grantor…

(1) A warrantor shall, for a warranty provided by the warrantor: (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 com…

(1) A grantor or warrantor shall: (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 …

(1) A dealer shall: (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 f…

(1) Before delivering a new recreational vehicle to a dealer, the grantor shall notify the dealer of: (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 re…

(1) Within three days of receiving a damaged or defective recreational vehicle from the grantor, the dealer shall: (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 …

(1) A grantor may not sell a recreational vehicle to or through a dealer without having entered into a dealership agreement with the dealer. (2) A grantor may not own, operate or control a dealership in this state. (3) Notwithstanding subsection (2) of this section, a grantor may…

(1) Notwithstanding any dealership agreement: (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…

(1) Notwithstanding any agreement to the contrary: (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 m…

(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. (2) A grantor injured by a dealer…

(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. (2) A warrantor injured by a dealer’s violation of ORS 650.410 or 650.460 may bring a civil action ag…