(a) The bond must have a corporate surety licensed to do business within this state. A letter of credit must be an irrevocable letter of credit issued by an insured institution.
(b) The bond or letter of credit must:
(A) Be executed to the State of Oregon;
(B) Be in the sum of $40,000 for each year the license is valid;
(C) Be in a form approved by the Director of the Department of Consumer and Business Services;
(D) Be conditioned that the dealer will conduct the manufactured structure dealership without fraud or fraudulent representation and without violating any statute or rule relating to manufactured structure dealers, manufactured structure dealerships, transfers of interests in manufactured structures, alteration of manufactured structures or moving manufactured structures;
(E) Be separate from any bond or letter of credit covering business activities other than dealing in manufactured structures; and
(F) Be filed and held by the director.
(2) The surety or institution shall notify the director if the bond or letter of credit is canceled for any reason. The surety or institution continues to be liable under the bond or letter of credit until the director receives the notice required by this subsection, or until the cancellation date specified in the notice, whichever is later.
(3) If the license of a manufactured structure dealer is not renewed or is voluntarily or involuntarily canceled, the surety on the bond and the issuer of the letter of credit are relieved from liability that accrues after the director cancels the license.
(4) The manufactured structure dealer shall purchase a bond or letter of credit under this section annually on or before each anniversary of the issuance of the dealer’s license.
(5) A retail customer has a right of action against a manufactured structure dealer, against the surety on the dealer’s bond and the issuer of a letter of credit if the retail customer suffers any loss or damage by reason of the manufactured structure dealer’s fraud, fraudulent representations or violations of statutes relating to:
(a) Transfer of interests in manufactured structures;
(b) Moving manufactured structures;
(c) The alteration of manufactured structures; or
(d) The regulation of manufactured structure dealers and manufactured structure dealerships. [2003 c.655 §33; 2003 c.655 §34; 2011 c.166 §3]
Note: See note under 446.661.
Structure 2021 Oregon Revised Statutes
Section 446.007 - Exceptions to ORS 446.003 definitions.
Section 446.095 - Park construction and facilities.
Section 446.105 - Temporary parks.
Section 446.115 - Sanitation of parks; pets to be controlled.
Section 446.125 - Occupancy on private land.
Section 446.155 - Sanitation and safety requirements; exceptions.
Section 446.160 - Inspection; rules; federal standards.
Section 446.170 - Insignia of compliance required; when displayed.
Section 446.176 - Fees; rules.
Section 446.180 - Safety standards of other states or national organization; rules.
Section 446.185 - Minimum safety standards for equipment, material and installations; rules.
Section 446.198 - Exemption for redevelopment in park destroyed by natural disaster.
Section 446.245 - Permitted uses of manufactured dwellings.
Section 446.253 - Authority of director; authority of local governments.
Section 446.255 - Revocation of agreement with local government.
Section 446.310 - Definitions for ORS 446.310 to 446.350.
Section 446.317 - Delegation of landlord duties; rules.
Section 446.320 - Tourist facility license required.
Section 446.321 - Fee for license; rules.
Section 446.323 - Failure to apply for or renew license; transferability of license; refunds.
Section 446.324 - Denial, suspension or revocation of license; civil penalty; hearing.
Section 446.325 - Exemptions from license requirement.
Section 446.340 - Responsibility of owner or operator for sanitary conditions.
Section 446.345 - Prohibited acts.
Section 446.347 - Civil penalties; notice.
Section 446.348 - Determining amount of penalty; rules; schedule; factors.
Section 446.349 - Civil penalty.
Section 446.395 - License required; issuance; employment of nonlicensed installer prohibited.
Section 446.400 - Procedures for licensing; fees.
Section 446.420 - License required to maintain action.
Section 446.423 - Use of moneys.
Section 446.425 - Delegation to county to administer certain sanitation laws; fees.
Section 446.430 - Delegation to county or city to administer rules regulating parks; fees.
Section 446.440 - Application of condominium provisions to parks.
Section 446.561 - Definitions for ORS 446.566 to 446.646.
Section 446.566 - Ownership document contents.
Section 446.571 - Ownership document application; records; notice of security interest.
Section 446.581 - Abandoned structure ownership transfer; rules.
Section 446.586 - Definitions for ORS 446.586 to 446.606.
Section 446.591 - Exception to requirement for submitting information; application by escrow agent.
Section 446.596 - Notice provided by escrow agent; contents.
Section 446.601 - Treatment of application provided by escrow agent.
Section 446.606 - Prohibition on providing application; escrow agent fees; action for damages.
Section 446.616 - Transfer of interest in manufactured structure.
Section 446.621 - Effect of certificate of title or other documentation of ownership.
Section 446.631 - Process for moving manufactured structure; fees.
Section 446.636 - Manufactured structure trip permits.
Section 446.661 - Definitions for ORS 446.661 to 446.756.
Section 446.666 - Regulation of dealers, dealerships and salespersons; inspection of records; rules.
Section 446.671 - Acting as manufactured structure dealer without license; penalty.
Section 446.676 - Exceptions to prohibition against unlicensed dealer activity.
Section 446.681 - Enjoining unlicensed dealers.
Section 446.686 - Notice of proceeding against alleged unlicensed dealer.
Section 446.691 - Issuance of dealer license.
Section 446.696 - Renewal of dealer license.
Section 446.701 - Issuance of temporary manufactured structure dealer license.
Section 446.706 - Limited manufactured structure dealer; licensing.
Section 446.711 - Dealer education and testing; rules.
Section 446.716 - Additional places of business; supplemental licenses.
Section 446.721 - License fees; use of moneys.
Section 446.726 - Bond or letter of credit requirements; action against dealer and surety or issuer.
Section 446.731 - Status of licensed dealer.
Section 446.736 - Transfer of interest by dealer; application information; notice of delay; penalty.
Section 446.746 - Manufactured structure dealer criminal offenses; penalties.
Section 446.748 - Cease and desist orders; investigative authority of director.
Section 446.751 - Engaging in illegal consignment practices; penalty.
Section 446.756 - Violation of consigned manufactured structure transfer; penalty.
Section 446.995 - Civil penalties for violation of ORS 446.661 to 446.756 or related rules.