(a) Ten percent of the amount financed or $75, whichever is less; or
(b) Either of the following, at the discretion of the motor vehicle dealer or holder:
(A) The finance charge earned to the date of prepayment, computed by applying the effective rate on the contract to the actual principal balances outstanding, for the periods of time such balances were actually outstanding. In determining the effective rate, the holder may apply to the scheduled payments the actuarial method by which each scheduled payment is applied first to the accrued and unpaid finance charges and any amount remaining is applied to the reduction of the principal balance.
(B) The finance charge earned to the installment due date nearest the date of prepayment, computed by applying the effective rate on the contract to the actual principal balances outstanding, for the periods of time the balances were actually outstanding. For purposes of rebate computations under this subparagraph, the installment due date preceding the date of prepayment shall be considered to be nearest if prepayment occurs 15 days or less after that installment date. If prepayment occurs more than 15 days after the preceding installment due date, the next succeeding installment due date shall be considered to be nearest to the date of prepayment. In determining the effective rate, the holder may apply to the scheduled payments the actuarial method, by which each scheduled payment is applied first to the accrued and unpaid finance charges and any amount remaining is applied to reduction of the principal balance.
(2) When the amount of the credit for premature payment is less than $2, no refund need be made.
(3) This section does not prohibit the holder of a retail installment contract from collecting any charge, cost or fee under ORS 83.590. [1957 c.625 §24; 1977 c.692 §1; 1981 c.910 §2; 1983 c.432 §2; 2001 c.117 §10]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 083 - Retail Installment Contracts
Section 83.010 - Definitions for ORS 83.010 to 83.190.
Section 83.020 - Retail installment contract requirements; exceptions.
Section 83.030 - Contents of contract.
Section 83.050 - Contracts completed by mail and based on catalog of seller.
Section 83.080 - Informing buyer of service charge and right to prepay; monthly statement.
Section 83.095 - Service charge computed by actuarial method.
Section 83.100 - Extra charges; miscellaneous provisions of contract.
Section 83.130 - Voluntary prepayment by buyer; refund.
Section 83.140 - Consolidation of purchases with prior contract.
Section 83.150 - Unenforceable contract provisions.
Section 83.510 - Definitions for ORS 83.510 to 83.680.
Section 83.520 - Form and contents of retail installment contract.
Section 83.530 - Filling blanks.
Section 83.565 - Finance charge computed by actuarial method; requirements; notice.
Section 83.620 - Voluntary prepayment by buyer; refund.
Section 83.650 - Effect of negotiation of notes on rights against motor vehicle dealer.
Section 83.670 - Unenforceable contract provisions.
Section 83.710 - Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750.
Section 83.715 - Telephone solicitation sale; contract; contents.
Section 83.720 - Cancellation of home solicitation sale; notice; exception.
Section 83.740 - Duties of seller upon cancellation of sale or revocation of offer to purchase.
Section 83.820 - Consumer paper; negotiability; exception; rights and liabilities of assignees.
Section 83.850 - Definitions for ORS 83.850 and 83.860.
Section 83.875 - Definitions for ORS 83.875, 83.880, 83.890 and 83.895.
Section 83.880 - Sale of motor vehicles, goods or services as time sale rather than loan.
Section 83.890 - Notice required in contract when seller intends to transfer contract.