(1) Require a franchisee to purchase or lease goods or services of a franchisor or from approved sources of supply unless and to the extent that the franchisor satisfies the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds, and do not substantially affect competition. This subsection does not apply to the initial inventory of the franchise. A determination of whether such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds and do not substantially affect competition shall be guided by the decisions of the courts of the United States in interpreting and applying the antitrust laws of the United States.
(2) Sell, rent or offer to sell or rent to a franchisee any product, service or property at a price not set in good faith as defined in ORS 71.2010 (2)(t).
(3) Require a franchisee to assent to a release, assignment, novation or waiver which would relieve any person from liability imposed by ORS 650.200 to 650.250.
(4) Refuse to renew a franchise without fairly compensating the franchisee for the fair market value at the time of expiration of the franchise of the franchisee’s resalable inventory, supplies, equipment and furnishings purchased from the franchisor, not including personalized materials that have no value to the franchisor and inventory, supplies, equipment and furnishings not reasonably required in the conduct of the franchise business. A franchisor may offset against amounts owed to a franchisee under this subsection any amounts owed by such franchisee to the franchisor.
(5) Impose on a franchisee by contract, rule or regulation, whether written or oral, any standard of conduct unless the person so doing can sustain the burden of proving the standard of conduct to be reasonable. [1987 c.917 §9; 2009 c.181 §107]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 650 - Franchise Transactions
Section 650.005 - Definitions for ORS 650.005 to 650.100.
Section 650.015 - When franchise sale or offer for sale is made in this state.
Section 650.055 - General duties and powers of director.
Section 650.057 - Orders issued under ORS 650.055.
Section 650.070 - Director as agent for service of process.
Section 650.075 - Manner of executing service of process; effect of initial service.
Section 650.095 - Civil penalties.
Section 650.120 - Definitions for ORS 650.120 to 650.170.
Section 650.123 - Use of protected dealer data; prohibitions; liabilities.
Section 650.130 - Prohibited conduct by manufacturer, distributor or importer.
Section 650.145 - Compensation due dealer upon termination of franchise.
Section 650.155 - Liability of manufacturer for damages to vehicles before delivery to carrier.
Section 650.165 - Prohibited franchise conditions.
Section 650.170 - Dealer’s remedy.
Section 650.200 - Definitions for ORS 650.200 to 650.250.
Section 650.205 - Prohibited conduct by franchisor.
Section 650.210 - Rights and prohibitions governing relationship between franchisor and franchisee.
Section 650.215 - Prohibited conduct in offer, sale or purchase of franchise.
Section 650.250 - Injunctive relief or damages; limitation on commencement of action; attorney fees.
Section 650.300 - Definitions for ORS 650.300 to 650.480.
Section 650.310 - Good cause; determination.
Section 650.320 - Dealership agreement.
Section 650.330 - Comparable terms and conditions; grantor sales to public.
Section 650.340 - Termination, cancellation or failure to renew; notice; grounds.
Section 650.350 - Dealer’s rights upon termination, cancellation or failure to renew.
Section 650.360 - Coercion prohibited.
Section 650.370 - Transfer by dealer.
Section 650.380 - Dealer’s successor.
Section 650.410 - Dealer’s warranty obligations.
Section 650.420 - Required disclosures.
Section 650.430 - Damaged or defective vehicles.
Section 650.440 - Grantor’s ownership, operation or control of dealership.
Section 650.450 - Indemnification; grantor and dealer.
Section 650.460 - Indemnification; warrantor and dealer.
Section 650.470 - Remedies; grantor and dealer; attorney fees.
Section 650.480 - Remedies; warrantor and dealer; attorney fees.